My Medical Insurance Company Wants Money From My Tennessee Car Accident Settlement

I just settled my personal injury case and my lawyer told me that I have to re-pay my medical insurance company the amount they paid for my medical bills from the accident.  That doesn’t seem fair.  Is my lawyer right?

Your lawyer is probably right.  Most medical insurance policies have what are known as subrogation  or reimbursement clauses.  These insurance policy provisions  mean that if you get hurt and collect medical bills paid by your insurance company from the person who hurt you your insurance company gets paid back. 

If your insurance through a government-sponsored program like Tenncare or Medicare you also have a responsibility to re-pay the government out of any settlement you receive as a result of a car accident.

Sometimes a lawyer can persuade an insurance company or the government to accept less money than the company actually paid for your bills.  Whether this can be done depends on the type of insurance policy you have, the language of the policy, and various other factors. 

Good lawyers tell their personal injury clients about the probability of having to re-pay the health insurer  when they are initially hired in the case.  There is no reason why a client should learn about the obligation to re-pay a health insurer after a settlement is reached.

Our lawyers have represented people in Tennessee car accidents for 30 years.  If you want a free consultation with a Nashville car wreck lawyer call me 615.742.4880 or toll free at 866.812.8787. 

What is A Confidentiality Agreement?

I have read this stuff about Herman Cain and the claims of sexual harassment against him.  I also heard that there was a confidentiality agreement as part of the settlement with the woman or women.  What is a confidentiality agreement?

A confidentiality agreement is a part of some settlement agreements in some types of civil litigation.  Typically, confidentiality agreements prohibit the parties from discussing the terms of the settlement with any one other than attorneys and financial advisors.  Confidentiality agreements may also include anti-disparagement provisions, which means that each of the parties to the agreement are prohibited from saying disparaging things about the other parties.  It is not uncommon for these agreements to provide that the parties are cannot talk about the facts giving rise to suit, the lawsuit itself, or the terms of the settlement, but can say that "the case was settled on terms mutually acceptable to all concerned" or words to that effect.

Confidentiality agreements are common in settlements of medical malpractice cases, products liability cases, employment cases, and very large personal injury and wrongful death cases.  They are used in other types of cases as well. 

Defendants (the people or corporations sued) want confidentiality provisions because they don't want the plaintiff (the person who brought the suit) to talk about the case in a way to get media attention.  Thus, confidentiality  agreements are used to shield wrongdoing from the public eye.   The plaintiff has little choice but to sign these agreements.

Confidentiality agreements often  bar the plaintiff's lawyer from discussing the case or settlement.   Once again, the plaintiff's lawyer had virtually no choice in this  matter because it is in the best interest of his or her client to resolve the case.  This means that lawyers who handle complex cases and get outstanding results are usually prohibited from talking about the details or the results in those cases.

On Monday I suggested on the blog I write for lawyers (Day on Torts) that Herman Cain release the woman or women that signed the confidentiality statements from their obligations under those agreements.  I have no idea whether Mr. Cain did anything wrong.  However, it is unwise (and unfair) for him to state his version of the events without the public hearing the other side of the story.  One woman wants to be heard.  

In my opinion, Mr.Cain will make a big mistake if he does not permit her to tell her side of the story.  He has mis-handled this issue from Day One, and he needs to get all of the facts out there as soon as possible to attempt to solve this problem.

I Want A Settlement In My Personal Injury Case

 I was in a car wreck about 3 months ago.  The other driver admitted fault.  My medical bills are about $25,000.   I have been released by my doctor.  My lost wages are $5000.   How quickly will my case settle?

At the outset you need to understand that your case may not settle at all.  In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case.    It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However,  if the insurance company wants to settle the case it needs to have information from your lawyer.  At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life.  To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

Lawyers communicate this information by way of a settlement demand.   All of the relevant information is gathered and the important information is highlighted in a letter.  In our office we attempt to gather all of this information before your are released from your doctor (except the final office note) and have a demand package ready to go to the insurance company within thirty days of when medical treatment is complete.  Lack of cooperation from one of the providers of information will affect our ability to get the demand package out on time.

Insurance companies always ask for more time to evaluate the demand package.  Then, the negotiations start and those can last several weeks even if everyone agrees that the case should be settled.

So, the short answer to your question is there are too many variables to say if your case will be settled and how quickly it will be settled.   It is fair to say that a case cannot settle if your attorney does not promptly gather and exchange information with the insurance company.  This is yet another reason to hire an experienced personal injury lawyer who will aggressively pursue your rights.

I Think I Want to Sell My Structured Settlement

I was badly hurt in a personal injury case about ten years ago.  As part of the settlement I received an annuity that pays me $4000 per month for the rest of my life (I am 40) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.  I have been told that I can sell the annuity and get cash. Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process. 

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low - often 40 cents on the dollar or even less.    Your structured settlement will pay you a over $1,000,000 in the next 25 years - tax fee - and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar and then take on the burden of investing what you receive.

A good financial counselor can help you determine what is in your best interest.   He or she can also help you get control of your spending so that you don't find yourself in this situation in the future. 

So, do not sell your annuity without first seeking the advice of a professional.

My Neighbor Says I Don't Need An Attorney in My Car Wreck Case

I was hurt in a car wreck.  It was not my fault.  My neighbor doesn't think I need a lawyer because I did not get hurt.  Is she right? 

If you weren't hurt you probably do not lead a lawyer to assist you unless you have difficulty getting the other driver's insurance company paying for the damage to your case.  Usually, property damage claims can be worked out without legal advice.

If you had been injured in the wreck, you may well have needed the advice of an experienced personal injury lawyer.  Our firm  does not charge for an initial consultation with a potential client.

What Should I Do If My Settlement Check Bounces?

My lawyer settled my personal injury case.  He said that he put the check for $60,000 in his trust account and that I would get my share in 10 days.  Ten days later I received a check for $38,500 - the amount I was supposed to receive.  However, I deposited the check from my lawyer's trust account in my checking account and just found out it bounced.  What should I do? 

This should not happen.  Lawyer trust accounts are accounts that are kept separate from a lawyer's operating account - the account he or she uses for rent, payroll,etc.  Trust accounts are a "parking place" for client money.  There should never be a bounced check on that account because the account is holding client funds that have already "cleared" the bank  - and client funds can only be used for client purposes.

Thus, you need your attorney to explain exactly how this happened.  If you do not get an immediate, satisfactory answer,  call the Tennessee Board of Professional Responsibility immediately.

Are Settlement Proposals Admitted into Evidence?

I have a personal injury case.  The at-fault driver's insurance company has offered me $33,000 to settle the case.  I don't think it is enough and I want a trial.  Will the jury know that the defendant offered me $33,000

Under Tennessee law, the answer is generally "no."  Absent exceptional circumstances, settlement offers are not admissible into evidence at a trial.  

Likewise, settlement proposals are not admissible into evidence at ta trial.  Therefore, if you offered to settle your case for $50,000, and then went to trial and sought a greater amount of damages, the insurance company would not be permitted to tell the judge or jury that you were willing to settle for $50,000.

How Many Personal Injury Cases Go to Trial In Tennessee Each Year?

I have a personal injury lawsuit.  What is the likelihood that it will go to trial?

Statistically, it is very unlikely your case will go to trial.  Personal injury cases are a type of tort (civil wrong) case.  In Tennessee for the year ended June 30, 2010, there were 10,469 tort cases filed in the entire state.  This may seem like a lot of cases, but remember that there are over 6,000,000 Tennesseans, millions of cars on the road driven by Tennesseans and citizens of other states, etc.

During the same period, the court system resolved 10,872 cases.  The vast majority of those cases were settled or dismissed by the court.  There were only 588 trials.  Of the 588 trials, only 283 were jury trials.  The other 305 trials were non-jury trials (cases decided by a judge without the help of a jury).

Of the 588 cases that went to trial, the claimant (known as the plaintiff) recovered money in only 229 cases.  Why?  Tennessee judges and juries are conservative and do not award damages in cases without solid evidence supporting the justness of the claim.

Thus, the odds are that your case will not go to trial.  However, whether any particular case actually goes to trial is dependent on many different factors.

My Lawyer Says I Should Settle My Case. I Don't Want To.

I was in a car wreck case.  My lawyer says that I should settle and I don't want to - I think I should get more money.  What should I do?

First,  lawyers can't give legal advice to a person already represented by another lawyer.  Therefore, neither I nor any responsible lawyer can give you that kind of advice without getting your lawyer's written permission to speak with you and without knowing a lot more information.

Second, I assume that you did adequate research before you hired the lawyer you have and considered the type of factors contained in our Legal Guide, "Understanding How to Hire a Lawyer in a Personal Injury and Wrongful Death Cases."  Thus, you obviously had trust in this lawyer's ability and judgment when you hired him or her.  Therefore, you have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the lawyer's advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

If you did not do a diligent job looking for a lawyer, or if you thought you had but now have a good reason to doubt the lawyer's advice, then ask the lawyer for permission to talk to another lawyer to give you a second opinion on the case.  This may hurt the feelings of the lawyer a little bit, but a good lawyer will not feel threatened by someone else looking over what has been done in your case.  You will have to pay for this second opinion, but at least you will be able to hear from someone you can trust before making a final decision.

All of this points to why it is important to make a careful selection of a lawyer in the first place.  It is an important decision, and the extra effort you make before you hire a lawyer will save you anxiety later.

Will My Case Settle?

I was hurt in a car wreck and have filed a lawsuit.  I am scared to death about going to trial.  Will there be a trial or will my case be settled?

 

Now days, most cases do not go to trial. 

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

It is difficult to predict, however, whether any particular case will settle.  My experience is that a case is more likely to settle at a higher dollar value if the insurance company (a) sees that the case has been prepared for trial and (b) has been appropriately prepared by lawyers who the insurance company  knows are not afraid to go to trial.( It is also important that the insurance company perceive that you (the client) are not afraid to go to trial.)

Thus, the lawyers in our firm prepares each case as if it is going to be tried. Quite frankly, this means we invest more time and money into cases than many other lawyers, but we believe that this approach leads to better results for our clients.

 

How Does A Jury Know What My Future Medical Bills Will Be?

I broke my hip in a fall-down accident at a local store.  The company wouldn't settle me so I filed a lawsuit.   The doctor said I might need a hip replacement in the future.  How will a jury award me damages for this surgery? 

Well, first you have to win your case.  That is, you will have to prove by a preponderance of the evidence that the store caused the dangerous condition or knew or should have known of the existence of the dangerous condition and failed to rectify it.    

If you prove the fault of the store, then you can recover your past and future medical expenses (and other types of damages).  However, you can recover future medical expenses only if a doctor says that it is more likely than not that you will need hip replacement surgery.  If the doctor says that, the jury can consider the cost of the future surgery, which will come from the testimony of the doctor or another witness.

If a doctor will not say that a future surgery is probable but will only say it is possible, Tennessee law does not permit you to recover damages for the surgery.

Your lawyer will meet with your doctor and determine whether the doctor will testify that  surgery is probable or just possible.   The anticipated testimony of the doctor will influence the value of the case for settlement purposes and at trial.

Value of a Wrongful Death Case

My wife was killed in a tractor-trailer wreck.   The wreck was not her fault.  What is this case worth?

That question is impossible to answer without a great deal more information.   Was your wife working outside the home?   What was her income?  What was her age?  What was her state of health before the wreck?   How many children does she have?   Do any of those children have special needs that required her to play a bigger role in their lives after they reached the age of 18 than the ordinary adult child?  

These and many, many more questions must be answered before any lawyer can give you a reasoned opinion on the value of a wrongful death case.  

To learn more about the law of wrongful death in Tennessee, read our legal guide "Understanding Wrongful Death Cases in Tennessee."

Should I Sell My Structured Settlement?

I was hurt in a personal injury case about six years ago.  As part of the settlement I received an annuity that pays me $3000 per month for the rest of my life (I am 35) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.   There are companies that advertise on television that indicate that they will buy my annuity and give me case now.  Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process. 

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low - often 40 cents on the dollar or even less.    Your structured settlement will pay you a guaranteed $900,000 in the next 25 years - tax fee - and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar.

A good financial counselor can help you determine what is in your best interest.   He or she can also help you get control of your spending so that you don't find yourself in this situation in the future.

Do I Have to Pay Income Taxes on My Personal Injury Settlement?

I am a Tennessean.  I was received some broken bones in a car wreck earlier this year.   I spent a couple days in the hospital and missed six weeks of work.  The case was just settled and I received a check for a significant amount of money.   Do I have to pay income taxes on the money I received?

No, you do not have to pay federal income tax on the money you received

As of today (and for many, many years) there is a special federal law that permits people who receive money in personal injury cases where there has been physical harm  to exclude the monies received in a settlement or lawsuit from their income for federal income tax purposes.   You do not need to report it to the government and you do not need to report it.

Note that the limitation only applies to physical injuries.  If your injuries were purely emotional, or if you settled an employment case or other type of lawsuit, be sure to ask your attorney and your tax adviser about the tax consequences of any settlement or other monetary payment.

Finally, there is no state income tax in Tennessee, so a personal injury settlement for physical injuries does not give rise to a taxable event in Tennessee.

Why Didn't My Lawyer Give Me My Money?

My personal injury case settled three days ago.  I signed the check and gave it to my lawyer.  I still haven't got any money.  What is going on?  

When a personal injury case is settled, the insurance company sends a check and a release to the claimant's lawyer.  The lawyer asks the claimant to sign the release and endorse the check.  When the check is endorsed, it is deposited into the lawyer's trust account.  The lawyer cannot immediately write the client a check because the insurance company's bank has not yet paid the check.  It can take as many as 10 business days for a check to "clear."  As soon as the check clears the lawyer's bank the lawyer will be able to write you a check.

The lawyer may not be able to write you a check for all of the money to which you are eventually entitled.  For example, if you received Medicare benefits in connection with your personal injury, Medicare must be re-paid from the proceeds of the settlement.   Medicare is horribly slow about getting settlement figures to lawyers in these cases, so the prudent lawyer holds out more money than is probably required so that  he or she can be assured that there will be enough money to repay Medicare.    Thus, the lawyer may write you one check now and another check after the Medicare issue has been worked out.

There are several other reasons why a lawyer might need to hold some of your money in his or her trust account for a while.  If you don't understand why some or all of your money is being held by your lawyer, be sure to ask.  Almost certainly he or she will be able to put your mind at ease.

Why Was I Charged $5432 for Court Reporter Fees?

I just settled my personal injury case.  We were a week away from trial when we settled.  When I got my money there was $5432 deducted for court reporter fees.  What are they and why did I have to pay it?

The typical  fee agreement in personal injury and wrongful death cases requires that the client reimburse the lawyer for out-of-pocket litigation-related expenses.  Many times, the most significant of these expenses are fees paid to court reporters.

Court reporters don't just write down and transcribe testimony in court.  They also write down and transcribe the testimony of witnesses and parties during the discovery phase of a lawsuit.  There is usually a court reporter at each deposition, and they charge not only for being present but also for writing down and transcribing testimony.  In Nashville, a court reporter charges about $2000 for one day of deposition testimony.  

The amount of your bills indicates to me that there were several days of depositions in your case.  Because your case settled so close to trial, it is also probable that depositions were taken of one or more of your treating doctors.

Court reporter fees are very high.  Experienced personal injury lawyers do what they can to keep the costs of court reporters down as far as possible, but the fact of the matter is that they are a case-related expense that is passed on to the client.

What Happens If the Person That Hurt Me Dies?

I was hurt in a head-on automobile accident.  The driver that crossed the centerline and hit me died in the wreck.   Do I have legal rights against him even if he is dead?

Yes.   Although you can't sue someone who is dead, you can sue his estate.   If an estate is not opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits). 

An experienced personal injury lawyer will know how to help you through this process.   Remember that in Tennessee a personal injury claim must be filed against the responsible people within one year of the date of the accident.   Under these circumstances you will need act even more promptly than usual because the lawyer you hire will need to do extra work to get an estate opened for the decedent so that suit can be filed within one year of the date of the accident.

What is A Structured Settlement?

My  neighbor mentioned that he settled his personal injury case and received a structured settlement.  What is that?

When personal injury and wrongful death cases are settled, money is often paid in a lump sum.  In other words, a check is made payable to the claimant and the claimant's lawyer.  The claimant's lawyer deposits the check in his or her checking account and, when the check has "cleared," the lawyer writes a check to the client.  The amount of the check to the client is reduced by attorneys' fees and expenses, and is often reduced by monies needed to pay off subrogation interests or medical liens.

In a structured settlement, the claimant receives sufficient up-front money to pay attorneys' fees and expenses, subrogation interests, and liens and some amount of money for the claimant  the claimant  also receives a contractual  right to receive payments in the future.   This right is in the form of annuity.    Payments can be monthly, quarterly, annually or every 5 years.  Indeed, there is virtually no limit to how the annuity can be structured.  

Structured settlements have certain advantages and disadvantages.  An experienced personal injury lawyer will often seek out the advice of a structured settlement broker to help you determine if a structured settlement is appropriate in your case.

Should I Give A Statement to the Insurance Company?

 I was in a car wreck last week.  I  spent five days in the hospital and am now recovering at home.  I am getting a couple calls a day from the insurance adjuster for the driver that hit me.  The message he left for me is that he wants to take a statement from me about how the wreck happened.  Should I talk to him and give him a statement?

We do not recommend that our clients give a statement to the other driver's insurance company.  There are several exceptions to this general rule, but even then we do not permit our clients to give a statement without adequate preparation for the interview.

We do not prepare our clients by telling them what to say or encouraging them to lie.  In fact, just the opposite is true:  we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else.   Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes.   These statements are almost always tape-recorded and can be used against the person in court.

Thus, I recommend that you talk to a lawyer before giving a statement.   

Will My Case Go to Trial?

I was hurt when I was swimming and got run over by a jet ski.  I have filed a lawsuit but am scared to death about going to trial.  Will there be a trial?

 

Now days, most cases do not go to trial. 

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

It is difficult to predict, however, whether any particular case will settle.  My experience is that a case is more likely to settle at a higher dollar value if the insurance company (a) sees that the case has been prepared for trial and (b) has been appropriately prepared by lawyers who the insurance company  knows are not afraid to go to trial. 

Thus, the lawyers in our firm prepares each case as if it is going to be tried. Quite frankly, this means we invest more time and money into cases than many other lawyers, but we believe that this approach leads to better results for our clients.

 

What is Mediation?

I have a personal injury case in Tennessee.  The judge has ordered the case  to mediation.  What does that mean?

Mediation is a process where a person who has no stake in the outcome of the case (the "mediator") helps the parties to the litigation try to resolve their differences.  Mediation has increased greatly in Tennessee in the last twenty years.  

I had the honor of being appointed by the Tennessee Supreme Court to a commission that  drafted the original court rule concerning mediation and other forms of alternative dispute resolution.  I served on that commission about twenty years ago.

In court-ordered mediation the parties can usually agree to who will serve as the mediator.  If they cannot agree the court will appoint a mediator from a list of certified mediators.

Mediation helps the parties to a dispute focus on the strengths and weaknesses of their case.   As you would expect, there are good mediators and mediators who aren't so good.  An experienced personal injury lawyer will be able to give you advice on who should be selected as a mediator.

Are Settlement Proposals Disclosed to the Jury?

We offered to settle my car wreck case for $40,000.  The insurance company for the guy that caused the wreck only offered $22,000.   Will the jury be told about what I was willing to take in settlement before trial?  Will they be told that I was offered $22,000?

No.  Absent extraordinary circumstances, settlement offers from either party are not admissible at a later trial.  The purpose of this rule is to encourage people to engage in settlement discussions, and thus usually the proposals made by one side or the other are not admissible in a later trial.

Of course, there are certain exceptions to this general rule but I must say that they are quite rare.  An experienced personal injury lawyer can explain whether any exception to the rule is applicable in your case.

The Other Driver Doesn't Have Enough Insurance!

I was in a bad car wreck.   I had $50,000 in medical bills and missed eight weeks of work  (I make $800 per week as a mechanic).   I am probably going to have to have another surgery.  My doctor also says I will have arthritis for the rest of my life.   I just found out that the person who hit me only has $100,000 of liability insurance.   That is not enough for what he did to me.   Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause.  A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased he or she is liable for the rest.  

The problem, of course, is collecting from a person who causes harm.  To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both.   Many people have very few assets and insufficient income to make a payment to the person who they hurt.   If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation.   (There are some exceptions to this.  For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.) 

An experienced personal injury lawyer will help you evaluate the factors you should consider in determining how hard to press the defendant to make a personal contribution over and above the liability insurance policy available for the claim.

Why Do I Have to Repay My Health Insurance Company Out of My Personal Injury Settlement?

I just settled my personal injury case and my lawyer tells me I have to repay my health insurance company for paying my medical bills.  I have paid health insurance premiums for 25 years and was never in the hospital one time before my wreck!  Why do they have the right to get repaid? 

Because the insurance policy you have almost certainly says that they have the right to be repaid.  That is part of the bargain you struck with them - even though you never read your policy and no agent or representative of your employer mentioned it to you.

Depending on the type of health insurance you have there are several arguments that can be made to secure a reduction in the amount that must be paid back to the insurer.  An experienced personal injury attorney will know this area of the law and will work with you to secure a reduction in possible.

Why Does An Insurance Company Insist on Documentation?

I was hurt when I fell in on a slippery floor in a fast food restaurant.   I broke my left arm.  I missed six weeks of work on my construction job.  My lawyer says that we need a statement from my employer stating that I missed six weeks of work and indicating how much money I would have made had I worked.   Why is that necessary?  I don't want to hassle my boss with this.

Insurance companies need documentation because some people don't tell the truth about what happened to them or how the injuries they suffered cost them money.    The claims adjuster for the insurance company has to make sure that his or her file demonstrates that they did a good job gathering evidence to properly evaluate the claim.  This includes seeking information from other people, like your boss, to back up what you say.

I am sure that you are telling the truth about the time you missed from work.  The insurance adjuster may think you are, too.  But the adjuster needs to be able to prove to his or her boss that your claim was thoroughly and properly evaluated, and that is why documentation is necessary.

Your lawyer should help you get this from your boss.

Case Expenses in Personal Injury Litigation

I was hurt in a car accident. I talked to a lawyer and he sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money.  Is this normal?

It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are charging interest.    

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client.  The interest rate may be very high – much higher than the “prime rate.”  The lawyer does not profit from this, but simply passes the cost of the interest on to you.

There is nothing illegal or unethical about this practice.  However, it does increase the cost of legal services and is one factor you should take into account in determining what lawyer to hire for your personal injury or wrongful death case.  If a lawyer wants to charge you interest, make sure you ask what the interest rate is and how it is calculated.  Sometimes the “APR” (annual percentage rate) is much higher than the quoted rate.


Ask A Question Case Evaluation About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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