Archive for March 2012

10 Important Steps To Take When Injured In An Accident

  1. Make sure the police have all of the information they need about the accident.
  2. Record the names and addresses of involved parties and witnesses to the accident.
  3. Keep your family doctor informed of your injury.
  4. Notify your insurance company as soon as practicable of your car accident.
  5. Notify your employer or school.
  6. Record the names and contact information of your health care professionals.
  7. Record insurance information.
  8. Keep receipts for all related expenses. Family members should also record dates and time spent caring for the injured person.
  9. Check for other insurance coverage (i.e. through your work, school or private plans).
  10. Contact a reputable lawyer and know your rights.
Steps to Take After a Motor Vehicle Accident
  1. Ensure that the police have been informed about the accident
  2. Notify your employer or school
  3. Notify the Accident Benefits insurance company within 7 days (see page 3 for more information)
  4. Check for access to other insurance coverage (i.e. through work, school, private plans, etc.)
  5. Keep receipts, dates and records of all related expenses for both you and your family members (i.e. parking, hotel costs, days off work, time spent caring for the injured person, etc.)
  6. Inform your family doctor of the accident and your injury
  7. Record the names and addresses of the other motorists involved in the accident along with the names and addresses of any witnesses
Am I Entitled to Accident Benefits?
YES - Anyone injured in a motor vehicle accident is automatically entitled to "Accident Benefits". Accident Benefits (see chart on next page) are available whether you were driving, were a passenger or were a pedestrian hit by a motor vehicle (and are available even if the accident was your fault).
Making an Accident Benefits claim does not affect your insurance rates.
When and How Do I Obtain Accident Benefits?
Within 7 days of the motor vehicle accident, you must call the appropriate motor vehicle insurer (see pages that follow about who to call) stating that you want to apply for Accident Benefits. The sooner you call, the better. You may need therapy, equipment, assistive devices, attendant care or other medical services upon discharge from hospital. If you call the insurer early, benefits can be coordinated so that you will have what you need when you get home.
If you do not call the insurer within 7 days, you may not get your benefits immediately.
An application for Accident Benefits will need to be completed. The application form can be obtained from your social worker at the hospital, from the Insurance company or from a personal injury lawyer.
To obtain compensation for time spent by your family caring for you, an Occupational Therapist or Registered Nurse will need to complete a specific form called a Form 1. However, to qualify for this benefit, the expenses must meet the specific definition of being an "incurred" expense. A Personal Injury lawyer can assist you in qualifying for this benefit. There are other forms which will likely need to be completed to obtain some of the other Accident Benefits.
Why are Accident Benefits Important?
Accident Benefits can assist you financially with your therapy costs, the cost of caring for you in hospital and at home, and other needs while in hospital and at home.
Key Accident Benefits Available to Anyone Injured in a Motor Vehicle Accident:
  • Medical and Rehabilitation Benefits - to pay for your medical treatment, therapy, medication and required equipment, housing alternatives and transportation
  • Attendant Care Benefits - to compensate those, including family members, for providing care to you while injured
  • Income Replacement Benefits - to compensate you for some of the income you have lost as a result of your inability to return to work due to your injuries (to a maximum of $400 per week)
  • Visitation Expenses - to reimburse immediate family members for visitation expenses including travel, parking, meals and accommodations
  • Services of a Case Manager - to pay for a rehabilitation coordinator to immediately assist with your recovery (this benefit is only available in "catastrophic impairment" cases)
There are also additional benefits that may be available including: lost education expenses, housekeeping and home maintenance benefits, non-earner benefits, caregiver benefits and damage to clothing expenses. In cases of death, death and funeral benefits are available.
Note: The availability of the above benefits will vary based on the severity of your injury and whether optional insurance benefits are available to you.
Keep All Receipts Related to Treatment
Because receipts help to prove to the insurance company what accident-related expenses you or your family have paid for, you should keep all receipts.
Catastrophic and Non-Catastrophic Impairments
There are monetary limits on the amount of Accident Benefits that are available depending on the severity of your injury. The maximums that are available increase significantly in cases of "catastrophic impairment". Cases of "catastrophic impairment" generally involve serious head injuries, paralysis, loss of use of a limb, complete loss of vision and certain other serious injuries. A personal injury lawyer will be able to explain this definition and advise you whether you have sustained a "catastrophic impairment".
Which Insurer Should I Call for Accident Benefits?
To claim Accident Benefits, you should call the first insurer that applies to you, from the list below:
  • the insurer of your motor vehicle
  • the insurer of the motor vehicle in which you were a passenger
  • the insurer of the at-fault driver or owner
  • the insurer of any other motor vehicle involved in the accident
  • the Motor Vehicle Accident Claims Fund (call 1-800-268-7188)
When you call the insurer, tell them that you want to start an Accident Benefits claim. The insurer will ask you for some basic information, including the following:
  • name and age of the injured person
  • the nature of the injuries
  • your insurance policy number and motor vehicle information, and
  • basic details about the accident.
Warning When Speaking to The Insurer
Be careful: something you may mention to an insurance representative may have a negative impact on your rights. Most personal injury lawyers recommend that you do not go into great detail when initially speaking with the insurance representative.
After You Have Spoken to The Insurer
Once you have talked with the insurer, if you have not yet received one, the insurer will send you an application for Accident Benefits. An adjuster will be assigned to your file. The adjuster will be your main contact at the insurance company and will provide you with a claim number for your file.
Within 30 days of receiving an application for Accident Benefits, you must send the completed application to the accident benefit insurer. If the form is not filled out and sent in, you will not get any compensation.
The application for Accident Benefits will include a Disability Certificate. Where possible, a completed Accident Benefit application and a completed Disability Certificate should be sent to the accident benefit insurer as soon as possible in order to ensure that benefits are paid in a timely manner.
Are Accident Benefits Available If I Have a Private Health Plan?
Accident Benefits are available regardless of whether you have a health plan that may cover some of your medical expenses and/or income loss. Private health plans are often more limited than Accident Benefits in the types of coverage and amounts available to be paid.
If you are eligible for medical or disability benefits through a private or work-related health plan, that health plan will be the first insurance company in line to pay for certain expenses, before the accident benefit insurer. However, it is prudent to apply to both insurance companies to access coverage for all of your needs.
Getting Help at The Hospital
The hospital employs social workers who are trained to help patients injured in a motor vehicle accident and their families with basic insurance matters. Whenever possible the social worker will help coordinate the completion of the Disability Certificate and, where appropriate the Application for Determination of Catastrophic Impairment. However, you will be responsible for completing the actual application for Accident Benefits.
Right to Obtain Compensation From At-Fault Persons
You and your family may have the right to obtain compensation from anyone potentially responsible for the accident. These claims are over and above any Accident Benefits you may be entitled to receive.
Injuries must be considered 'permanent' and 'serious' before you can be compensated in a motor vehicle accident claim for your pain and suffering. In addition, compensation for pain and suffering is subject to a deductible of $30,000, unless the award exceeds $100,000.
Other family members may obtain compensation for their loss of care, guidance and companionship, but these claims are subject to a deductible of $15,000, unless the award exceeds $50,000. In cases of fatality, no deductible applies.
In a claim, family members may, among other things, recover income they have lost while caring for you, as well as other out-of-pocket expenses that have not otherwise been reimbursed.
In some cases, claims against at-fault persons will include claims for:
  • Future income loss or loss of opportunity that you suffer as a result of your injuries
  • Future medical and rehabilitation expenses, and
  • Future attendant care services.
Limitation Periods
In almost all cases you only have two years from the date of a motor vehicle accident to start a lawsuit against the at-fault party, otherwise you may be prevented from starting a lawsuit.
Getting a Personal Injury Lawyer
Accessing the benefits that you are entitled to and protecting your rights against an at-fault party can be very complicated. You and your family may want to ask a personal injury lawyer for assistance. Most lawyers who specialize in personal injury claims will meet with you, free of charge and without obligation.
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Hiring an Accident Attorney May Be the Best Decision of Your Life

When you think about an accident attorney, a number of images and phrases most likely come to mind including "ambulance chaser" and other non flattering descriptions. You might think you may never need an accident attorney. Unfortunately, many people are involved in accidents every day and realize that they truly do need the help of an accident attorney. The good news is that you will most likely discover that a good accident attorney is truly there to help you when you need him or her!
Once you are involved in an accident, you should consult with an accident attorney right away. If you delay or put it off for any length of time, you might actually be forfeiting rights that you have right after your accident. Before you take the time to talk with insurance agencies or any other involved parties, get a consultation with an accident attorney.
Most people think that they cannot afford any type of attorney let alone an accident attorney. The majority of attorneys that specialize in accidents offer their clients free consultations. Once an accident attorney has all the information about your accident, he or she will often accept your case and any incurred fees to be paid with the resulting settlement. If your case goes to court, your accident attorney should make sure that any court costs will be covered in your settlement as well.
An accident can cause a great deal of pain, suffering and disruption in an individual's life and an accident attorney can help alleviate some of the financial burden that can cause. If you are not responsible for the accident, you deserve some kind of recompense. A good accident attorney is honorable and moral and will not urge you to bleed the other parties dry. Your accident attorney's job is to make sure you receive the kind of compensation that is appropriate for your case.
Another good reason to hire an accident attorney is to make sure that your best interests are represented. Most people have insurance when they are in an accident and believe that either the other party will pay for the damages or that their own insurance company will "take care of everything". Unfortunately, the other party may decide to change is or her story later on and try to claim that you were liable. Also, your insurance company is not being paid to represent your best interests. In reality, they exist to make money. Your accident attorney can advise you of your rights and work to make sure you are not victimized by anyone.
Hiring an accident attorney does not mean that you are taking advantage of a situation. An accident attorney knows how to deal with opposing parties as well as insurance companies. His or her job is simply to advise, guide and represent you through your claim process. A good accident attorney is there to help you and to make sure all future claims are legitimate and fair.
Brett Kruger owns and operates http://www.car-accident-lawyer-info.com
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Accident Lawyers Work for You to Help Your Complete Recovery

If you have been in an accident, accident lawyers can make sure that your recovery both physically and materially is effective and thorough. An accident can be traumatic and devastating on so many different levels. Not only does your vehicle have damage, but you may also experience personal injuries both physically and emotionally. Once you've had an accident, your state of mind might not be what you need it to be in order to handle your assessment and claim for your damages. Accident attorneys have both the knowledge and skills needed in order to get you the compensation you deserve.
Accident attorneys have been trained and involved in a number of situations when it comes to dealing with accident claims. While you may think you can handle your own claim, there are many different situations that can arise you might not be able to handle. For example, if you are not at fault in your accident you will want the other party to do the right thing and take responsibility for their carelessness. Unfortunately, this doesn't always happen. Many accident attorneys will tell you than even if the responsible party acknowledges their responsibility at the scene of the accident, they may change their minds at a later time and even try to claim that you were at fault. Accident attorneys are ready for such cases and know exactly how to proceed if this should happen.
Accident attorneys know that the more information you have from an accident, the better for your case. If you are in an accident, most accident attorneys will request any police reports, the names and contact information of any witnesses, medical records and treatment information, driver and insurance information from all involved parties and all photo and video evidence from the accident scene. Accident attorneys will take all of the information you can give them as well as do the research and obtain other relevant information you may find is not easily accessible to you.
You are entitled to have realistic expectations from accident attorneys. Accident attorneys have the knowledge that allows them to collect all of the information necessary for your case. Medical bills, property damage, personal injury and more are things accident attorneys will know to include in your claim. Accident attorneys are also keen about any possible flaws or weaknesses in your case. They can advise on what the consequences of such a situation are for you. If you were to try to file your claim without an attorney, you might not get all of the compensation that is collectable.
Accident attorneys will accept most valid cases without demanding a deposit of any kind. This would be a case that is contingent on the outcome of your claim. You will only have to pay accident attorneys if your case results in a successful settlement or monetary reward. Most accident attorneys will charge just over 30% of the total amount of money paid as a result of your case if the case is settled before a trial. If your case goes to trial, you may pay accident attorneys upwards of 40%.
No matter what, accident attorneys are there to protect your best interests and work for you. Accident attorneys have the education and knowledge to make sure you are not victimized any further by responsible parties and insurance companies. Be sure to research and consult with accident attorneys if you are involved in an accident.

Brett Kruger owns and operates http://www.car-accident-lawyer-info.com
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