The Tourigny Law Firm LLC FindLaw IM Template2024-03-14T17:16:41Zhttps://www.tourignylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502671/2024/03/cropped-siteicon-32x32.pngOn Behalf of The Tourigny Law Firm LLChttps://www.tourignylaw.com/?p=467922024-01-19T15:34:06Z2024-01-19T15:34:06ZThrough medical liens
Healthcare providers generally have an obligation to provide life-saving treatment even for those without the ability to pay. However, they can turn away those who require non-emergency care when they do not have insurance.
Someone injured in a car crash can potentially receive treatment even though they lack health insurance. When arriving at a hospital or other medical facility, they should notify the workers there about the origins of their injuries. When medical records reflect that someone got hurt in a car crash, the healthcare provider may work with the patient because of how state law protects them.
Specifically, hospitals and other medical professionals have the right to pursue a lien against someone's future compensation. Many hospitals provide treatment for an injured party without health insurance if they know that the injury originated from a car crash. The healthcare provider can go to court to secure a lien against any future recovery that the patient obtains. That lien can apply to both insurance compensation and proceeds obtained through personal injury lawsuits.
Those hurt in a crash may need to call multiple facilities to validate which ones will work on a lien basis. They then need to take the necessary steps to pursue compensation from the party at fault for the crash. They can use the proceeds from an insurance claim or lawsuit to pay back the cost of their care. The pursuit of compensation can also cover other losses, including property damage expenses and lost wages.
People injured in crashes who do not receive care may end up suffering from their injuries for longer and incurring financial losses that the other party should theoretically cover. Understanding how Missouri state law protects those injured in crashes when they don't have insurance might benefit those worried about paying for their treatment.]]>On Behalf of The Tourigny Law Firm LLChttps://www.tourignylaw.com/?p=467912023-11-17T00:44:37Z2023-11-17T00:44:37ZInsurance companies care about profits, not people
It is very easy to develop a false sense of faith in insurance companies because of their advertising practices. Most people can't turn on the TV or radio without hearing at least one commercial bragging about how fast the company handles claims and how generous they are with those who need assistance.
Despite how the companies market themselves to consumers, their main objective is almost always to limit the payout on a claim rather than to provide optimal support for an injured person. People cannot assume that they will receive the maximum amount of coverage available. Instead, they will likely face a host of questionable negotiation tactics intended to reduce their compensation.
Insurance adjusters may trick people into giving recorded statements and then ask leading questions that justify a reduction in the payout someone receives. Other times, they offer a settlement far below the policy limits in the hopes that someone will accept it and cash the check before they realize it isn't enough money.
The average person struggles to handle such tactics or even recognize them until it is too late. Lawyers who are familiar with insurance company practices are capable of negotiating more effectively. They can review policy paperwork and understand thoroughly what coverage is available.
They can also help someone estimate the true long-term costs of an injury. It is quite common for people to underestimate the financial impact of injuries from a crash because they have never experienced a major medical incident before. A lawyer will likely have handled at least a few cases with similar injuries before and can potentially help people understand the long-term financial impact of their current medical challenges.
Finally, lawyers handle the red tape and stress on behalf of clients so that people can focus on their recovery. Mental strain can affect immune system function and make it harder for people to fully recover from their injuries.
For all of these reasons and more, seeking legal guidance can make all the difference for someone who is adjusting to life with injuries after a Missouri wreck.]]>On Behalf of The Tourigny Law Firm LLChttps://www.tourignylaw.com/?p=466612023-09-21T14:19:17Z2023-09-21T14:19:17ZThey will look for reasons to deny or reduce claims
Insurance professionals technically have a legal obligation to operate in good faith. They should uphold insurance policies that they have underwritten and respond in a timely manner to any claims. Unfortunately, insurance providers want to make as much money as possible, which generally means they need to limit how much they pay for individual claims. The goal is to pay less than the maximum policy limits in many cases.
They will often do extensive research trying to find a way to mitigate financial liability. Anything that someone posts on social media, from details about the car crash to pictures from a party the week after could end up leveraged by an insurance company to justify limiting their payout. Simple mistakes when communicating with insurance professionals, such as apologies or statements that imply partial faults, could ultimately provide the company with ammunition in its attempt to minimize the payout.
Finally, insurance professionals will frequently try to manipulate someone into accepting less than they deserve based on the extent of their losses and the coverage available. Lowball settlement offers can leave someone unable to request additional compensation and struggling with expenses from the crash.
Many people benefit from seeking legal guidance when they need to navigate a sizable insurance claim after a car wreck. Recognizing how the insurance company might seek to avoid its responsibilities could benefit those worried about covering their costs after a crash.]]>On Behalf of The Tourigny Law Firm LLChttps://www.tourignylaw.com/?p=466602023-07-20T07:59:21Z2023-07-20T07:59:21ZObtaining copies of medical records
Official documentation from medical facilities is often the most important element involved in proving someone's injury after a car crash. Under the Health Insurance Portability and Accountability Act (HIPAA), patients typically have a right to request copies of any relevant medical records from any care providers. In some cases, there may be a cost associated with physically printing the records, but the patient should have the right to get copies even if they have to pay for them. Those records will often be the cornerstone of a future injury claim.
Keeping an injury journal
A diagnosis is only one form of evidence that helps validate someone's need for compensation. Proving the severity of an injury and how it affects someone on a day-to-day basis may require far more detailed records. Keeping a journal that discusses someone's pain levels and daily symptoms could be very useful for those who can no longer perform household tasks and who have debilitating ongoing symptoms associated with their recent car crash injuries.
If someone wants a journal to serve as evidence in civil court, the entries typically need to include details including the time, date and location of the incident as well as information about what transpired as possible. The more thoroughly someone's journal explores their symptoms and their medical records detail their treatment, the more useful those records will likely prove as they pursue an insurance claim or personal injury lawsuit against the driver at fault for the collision.
Gathering and maintaining records can play a significant role in reducing the financial consequences that a crash victim may incur following a major wreck. Seeking legal guidance can allow a victim to better understand any additional steps they should take to preserve their interests accordingly.]]>On Behalf of The Tourigny Law Firm LLChttps://www.tourignylaw.com/?p=466212023-05-22T10:42:39Z2023-05-22T10:42:39Zinvolved in a car wreck, seeking immediate medical attention is a crucial step, even if you believe your injuries to be minor or non-existent.
You may not want to visit the emergency department after the crash, but you should still schedule a doctor’s appointment for an evaluation.
Identify hidden injuries
Car accidents can result in adrenaline surges that mask the pain of injuries, leading you to believe you're unharmed. Some injuries, like internal bleeding or concussions, may not manifest immediate symptoms but can become life-threatening if left untreated. A medical professional can identify these hidden injuries and start treatment promptly.
Establish a medical record
When you visit a doctor right after the accident, you’ll start a documented trail of your medical condition. This record could prove invaluable if you later decide to file a personal injury claim, as it will help to establish a direct connection between the accident and your injuries, something that can be difficult to prove if you wait to seek treatment.
Help your personal injury claim
Immediate medical attention can bolster your personal injury claim. If you delay treatment, insurance adjusters or defense attorneys may argue that your injuries aren't serious or aren't related to the accident. Prompt medical attention makes it easier to link your injuries directly to the car wreck.
When visiting a physician
When you visit the doctor, be honest and comprehensive about your symptoms. Describe the accident and any pain, discomfort or disorientation you're experiencing. This is not the time to be stoic or dismissive of your symptoms. It's important to relay everything, even if you believe it's minor. This helps the doctor make an accurate diagnosis and also ensures that all potential injuries are documented.
Remember to inform the doctor that your injuries are the result of a car accident. This information should be clearly stated in your medical records. Follow your doctor's advice regarding treatment plans, medication, follow-up appointments or referrals to specialists. Neglecting to follow through on prescribed treatments can weaken your claim. Also, be sure to keep all documents, such as medical bills, prescription costs and the number of workdays missed due to your injury. These records can serve as evidence of your financial losses when calculating potential compensation.
In the wake of a car accident, it's easy to feel overwhelmed. However, prioritizing medical attention – even before seeking legal guidance – can not only safeguard your health but can also strengthen any action you may eventually opt to take against parties responsible for your harm.]]>On Behalf of The Tourigny Law Firm LLChttps://www.tourignylaw.com/?p=466152023-05-19T07:26:41Z2023-03-21T14:22:22ZLeading questions are a real concern
The average person would think nothing of apologizing to the insurance adjuster who is taking their statement and might think that doing so is just a sign of goodwill and personal manners. However, insurance adjusters can take little mistakes, like an apology or contradictory statements, and use those to deny someone's claim or minimize what they receive.
The insurance adjuster wants the person pursuing the claim to settle for less than the maximum policy limit. The person making the claim might put too much trust in the company and end up accepting a settlement that won't pay their bills. Especially if the insurance company requests the recorded statement, the person making the claim may want to bring in professional help.
A lawyer can handle the negotiations on their behalf and can help someone establish the financial value of their claim, which can be hard for a lay person to do on their own. They will also recognize when an insurance adjuster has offered a low settlement or engaged in a questionable negotiation tactic.
Instead of fielding calls from insurance professionals and expecting a favorable outcome, you may benefit from seeking legal guidance after a crash so that there is someone looking out for your best interests. Realizing that insurance companies don't necessarily want to be generous after a car crash can help you to get the compensation you need to move on with your life following a wreck.
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