I spend a lot of time researching injuries, their consequences, the impact of those injuries on other parts of the body, and the cause of those injuries – Danny Glover

However, sometimes my clients are injured in ways that are beyond my understanding, or they are injured so significantly that I cannot be sure of their prognosis or the likelihood of full of partial recovery.

In those cases I hire a nurse consultant or another doctor to help me understand the injuries, or what the future holds for my clients, or to simply help me speak the treating physician’s language so that the treating physician can provide the necessary reports or testimony to make sure that the responsible person or insurance company is held accountable.

MORE INFO: What are the maximum damages on an INJURY CLAIM

Sometimes I use nurse consultants. These nurses review the medical records and summarize them for me.

They also point out problematic issues that I need to address, such as medical record errors, or the lack of certain necessary tests, or the failure of the physicians to fully appreciate important aspects of the case.

Sometimes I send nurses to my client’s medical appointments to observe and/or communicate directly with the doctor, in the same way that worker’s compensation insurance companies send nurses. Nurses are often very valuable members of my legal team.

SEE MORE: What are damages in a wreck case?

In other cases I may actually hire doctors of the same specialty as my client’s treating physicians. While much more expensive than simply hiring nurses, it is frequently well worth the expenditure. In one case a few years ago, I was having problems communicating with my client’s doctor, and in the limited conversations I had with the doctor, I was having a hard time getting the doctor to understand the legalese necessary for him to help his patient and my client with his case.

As a result, the insurance company continued to deny the claim because I was unable to provide the magic forms and reports that the insurance company was requiring (which is code for the insurance company simply using any excuse possible to deny the claim). I hired an orthopedic doctor to consult with me.

That doctor reviewed all of my client’s medical records and films and then educated me – from Point A to Point Z – about how physicians would view the chain of medical events from the day of my client’s wreck until the present day. With that specific micro-medical education in hand, I was then able to effectively communicate with my client’s doctor to obtain the medical testimony necessary to force the insurance company to pay what it legally owed on the claim.

MORE INFO: No Such Thing as an ACCIDENT

So, when choosing an attorney to handle your injury case, make sure that you choose an attorney who not only knows the law, but also knows the medicine involved in your case, or the experts who can educate the lawyer about the medicine in your case.

If you have begun searching for lawyers on the Internet or doing research on how insurance issues work, chances are you’ve already begun experiencing the complexities of making a claim.

If you are frustrated with the carrier or the process, that’s OK.

We wouldn’t need lawyers if the process was always simple, fair, made common sense, or was something that only took a couple seconds to do – Danny Glover

That brings up an important point: the time associated with presenting a claim, collecting, assembling, and organizing medical records, histories, and explaining the causation of a wreck, normally takes a long time and a fair amount of experience to do so in a format that insurance companies both understand and recognize as valid.

Furthermore, experienced injury attorneys have a good idea of what a fair settlement amount actually is.

A lot of people get so frustrated with the process they just give up. That’s too bad.

And that’s one reason why retaining a lawyer can help. We help explain the process.

We do the hard and sometime tedious work behind making a claim. We take on the burden of demanding a proper settlement with the insurance company or at fault party.

Lawyers take the responsibility on of making certain the law is followed, that the responsible party is held accountable, and that the insurance company pays a fair settlement.

When legally appropriate, that sometimes requires preparing a Complaint and filing suit, and as part of the Discovery process, making demands for documents, filing requests for admissions, and taking depositions of witnesses and parties.

Whether you realize it or not, that is a substantial load and responsibility. We tell clients that the most important thing for them to do is focus on getting healthy.

That is not just lip service. Taking the time to focus on things like physical therapy, scheduling appointments, making arrangements for work and childcare for all the above, can be a tremendous job in and of itself.

We have experience helping people through difficult times. That’s what we do. We help people – Danny Glover

Checklist for Making a Claim:

• Provide Notice of a Claim
  • At Fault Carrier
  • Injured Party’s Carrier
  • Employer, as appropriate
  • Employer’s Insurance Carrier
  • Employer’s Worker’s Compensation Carrier, as appropriate
• Assemble Medical Expenses Documentation
  • IMPORTANT NOTE: LIMIT DISCLOSURE OF CONFIDENTIAL AND OTHERWISE IRRELEVANT MEDICAL HISTORIES
  • Do NOT execute a Medical Authorization and Release
    • Talk to an Attorney first
    • Limit the materials that can be sought and disclosed
    • Protect and Preserve HIPAA rights
  • Making a Claim does not require unlimited access to medical histories, prior medical treatments, or disclosure of medical conditions that are not relevant to making a claim
• Assemble Expense Documentation for Lost Wages
• Assemble Expense Documentation for Personal Property Damages
  • Vehicle Repairs
  • Lost Value
  • Rental
  • Personal Items
    • Tag, Title, Registration Fees – If Vehicle Replacement Becomes Necessary

Is a Recorded Statement Necessary or Required?

The quick answer is USUALLY NOT.

In fact, many insurance adjustors just flat get this wrong. While there are certain legal requirements to properly making a claim, providing a recorded statement to any carrier is rarely one of them.

Making a claim does not require you do everything requested by an adjustor. Putting them on notice should be pretty simple. Talking about the facts of the case is often the first step in an insurance company trying to find a way NOT to pay a claim – Danny Glover

People are sometimes floored to find out that insurance companies are not necessarily looking out for the best interests of the injured party.

Make no mistake, insurance companies make money protecting their bottom line.

If they can convince you to accept a very small amount quickly in exchange for a complete release of your claim, they save money in long run. Contrary to what you may see in commercials, insurance companies are in the business of taking in premiums and limiting paying claims.

It is not always a fair system.

In fact, there are regularly lawsuits filed in North Carolina because insurance companies have proceeded in “bad faith.”

You may be surprised to find out that a good number of “bad faith” claims are filed by the insured against their own carriers.

Even if the person whom caused the wreck wants to settle, sometimes the insurance companies just refuse to settle.

They can require a lawsuit to be filed. . .despite the fact that their own “insured” has admitted to doing something wrong and wants the carrier to settle.

We’re not trying to be negative in stating this. Insurance Companies often feel people are making up claims, hoping to recover damages when they were not hurt.

Disputes arise in filing claims. It can be complicated.

What Does It Cost to Hire a Lawyer?

Well, actually, it doesn’t really “cost” anything, if you think of laying out money.

Lawyers in personal injury cases get paid if a case settles. If there is no recovery from a claim, just like the client, the attorney receives nothing.

That is what it means to be a “contingency” agreement.

Legal fees are contingent upon a successful recovery.

Now there can and often are expenses associated with presenting a claim such as:

• Filing Fees
• Service of Process
• Court Reporter – Recording & Transcriptions
• Medical Records / Copy Charges
• Private Investigator Fees
• Expert Witness Fees

While some of those costs of presenting a claim may be advanced by a law firm, ultimately they are the responsibility of the client.

Those costs are often taken from the “settlement proceeds” upon disbursement of funds.

It can be a bit confusing. Talk to us. We’re more than willing to explain how things work. In fact, we will give you a written contract, where everything is set forth in writing.

We want you to understand how things work and what it costs.

The consultation is free.

We do not charge to talk to you, to review a case, and to see if it makes sense to hire a lawyer.

Transcription of “What Are Benefits of Hiring a Lawyer?” for the Hearing Impaired

One of the big benefits of hiring an attorney is that we take all the pressure and workload off of you for everything claims or case-related. You can focus on getting healthy or helping your loved one to recover from their injuries.

We deal with the insurance company, we get all the medical records, we have them reviewed by medical experts. We negotiate with the insurance company.

Remember the insurance company is trying to low-ball you. They may be the nicest people on the phone but they’re trying to make money of off your claim by saving money on your claim.

An attorney can help you avoid making that mistake.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice