Piazza, Simmons, & Grant

Connecticut Personal Injury Lawyers

Our Connecticut Personal Injury Lawyer Answers Personal Injury Settlement FAQ

When you are speaking to a Connecticut personal injury lawyer about your case, there may be several questions you need to ask. Most attorneys have discovered that there are very common questions asked by their clients, regardless of the type of case. The most common questions asked by clients to their Connecticut injury attorney are as follows:

Are All of My Medical Bills Covered in a Bodily Injury Claim?

“Bodily injury claim” is an insurance injury term that is one type of “personal injury claim.” Medical bills are just one part of the economic damages that can be claimed in a personal injury claim. Additional damages include:

  • Lost wages as a result of the injury
  • Transportation costs, including rental car expenses

In addition to the medical bills and these damages, a persona injury claim may also include:

  • Pain and suffering
  • Humiliation and distress

It is very important that your bodily injury claim includes all types of economic damages in it before a settlement is agreed upon. Once a settlement has been made, you will most likely lose all rights to make further claims for damages.

Can My Health Insurance Company Get Repaid for Services Provided from My Personal Injury Settlement?

Yes. New changes to the health care laws and industry now provide health insurance providers a legal right to claim against a personal injury settlement to have their costs repaid for any services they covered regarding the injury. It is important to speak to your Connecticut personal injury lawyer about this and learn if you can claim some of the legal fees against the insurer. This option is based on state law and may not be available to all injured parties.

Should I Ask My Attorney for a Copy of the Settlement Check?

Absolutely. When a settlement has been reached, the insurance company will issue a check in both your name and the name of your attorney. You will need to endorse this check prior to the attorney making a deposit of it in to the trust account. Your attorney should provide you a copy of the original check as well as copies of all the checks they have written to cover your bills. The final check, along with the checks written for your expenses should add up to the same amount as the original settlement check.

I Was Given an Annuity for an Auto Accident Settlement. Can I Break This Annuity?

Many auto insurance companies that must pay out large sums to injured parties do so by using an annuity. An annuity guarantees the injured party a specific amount of money each year until the full balance is paid. Interest is paid during this payment period. You can petition the court to have the annuity cancelled and a lump sum paid. However, in most cases, the court will deny this request. The only other option, if you do not want to continue receiving annuity payments, is to contact a company that purchases annuities. It should be noted that these companies only offer between 20 and 50 cents on the dollar for the amount that is remaining on the annuity. This means if you have $100,000 left on an annuity, you may only be offered a lump sum of $20,000. You will then lose all rights to future payments and the interest on the balance.

My Child Has Received a Settlement; Can I Access That Money?

When a child has been injured and has received a settlement, the court will place that settlement money into a “locked” bank account until the minor turns 18 years old. At that time, the injury victim will be able to access their own money. Some exceptions may apply. In the event the child needs total care for the rest of their life, the money may be placed into a trust so that the parents can use that money for the child’s care. Additionally, if the minor is in need of care before they reach adulthood, and the parents can prove that any money taken from the account will be used specifically for their care, the court may release some funds to the parents prior to the child reaching maturity.

Can My Attorney Settle My Case Without My Prior Consent?

There are certain retainer agreements that will allow your attorney to sign a settlement agreement on your behalf without your prior knowledge. However, the final paperwork must be signed by you, and if you are not satisfied, you can refuse to sign. If a check has already been issued, you can have it returned. Always make sure that you read the entire retainer agreement prior to signing it so that you know if you are giving your attorney this privilege.

Will My Attorney Take His Fees Out Prior to Paying Medical Expenses or Afterwards?

All attorney fees are stipulated in the terms of the retainer. Some attorneys will take their fees from the gross amount of the settlement which is before medical bills are paid, while others will take it from the net settlement which comes from the amount left over after medical care. Make sure you understand your attorney fees prior to signing the retainer.

How Do I Collect on Any Award for a Personal Injury?

If the person who caused your injury is insured, the insurance company will write a check for up to the policy limit for your injuries. If the person who caused your injury is uninsured, a judgment must be entered against them, and then you must seek to have the judgement enforced. Collecting on these types of judgements can be hard. However, there are some attorneys who specialize in collecting on these judgements.

Are There Minimum Amounts for a Personal Injury Settlement?

No. Settlement amounts will be based on an individual basis. Type and extent of injury will be considered as well as long-term effects of the injury. Other factors that will be included are the medical expenses, economic injuries from lost wages, and the length of time anticipated to make a full recovery. For an estimate about the value of your case you will need to speak to an attorney. However, it should be noted that an attorney cannot give or promise any specific figure for a case.

What Is The Right Amount for Contingency Fees?

Contingency fees, or attorney fees, can vary based on the case. For example, if a case is taken to trial, and there is a lot of work involved with preparing the case for trial, the contingency fee may be as high as 40 percent. In cases where the facts of the case are very basic, the fee may be 33 1/3 percent. This is the most common cost for attorney fees. However, some state laws may regulate fees and charges, and some law firms may charge higher fees if allowed. It is important to discuss this with your attorney before agreeing to allow them to represent your case.

Contact a Connecticut Personal Injury Lawyer

If you have been injured, it is in your best interest to contact a personal injury firm to protect your rights. The Law Offices of Piazza, Simmons, and Grant LLC will review your case and provide you with excellent representation. You can reach their office for a free consultation at: 1-203-504-5840. If you have been injured, you need a Connecticut personal injury lawyer on your side.

 

 

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To learn more about how the attorneys at the Law Offices of Piazza, Simmons, & Grant, LLC. can help you with a legal matter, contact us by calling us at 203-504-5840 or by completing the online contact form to the right.

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