As an attorney I often come to meet people at times when they need help and when they are hurting. Sure we occasionally prepare Wills or draft contracts for clients, but the majority of my clients are personal injury or family members in a death case. What I love most about my job is that I not only get to help individuals with their recovery but that I am part of the system of justice in our society. And while our civil justice system has come under increasing attack, and is by no means perfect, it seems to be the best method for giving the individual citizen of our great land the opportunity to attain justice.
However, the reality is that each person should take steps to protect themselves, because it is all to frequent that the person that negligently injures you has neither the insurance nor the assets to make you whole. I recently handled a case in which my client's medical bills and damages exceeded the liable parties insurance policy by about $20,000.00. In fact, South Carolina currently only requires automobile policies to have $15,000.00 per person of liability coverage. It only takes a short stay in a hospital or a surgery or two and this coverage will be more than exceeded by medical bills.
So what can you do?
The answer for automobile related injuries is fairly simple and usually not very expensive. Underinsured motorist coverage (also known as UIM) is available in South Carolina policies and it covers you when you are in an accident caused by another driver that does not have sufficient insurance coverage to pay your damages. Talk to your insurance agent about increasing your UIM coverage to at least $100,000.00 per person, and preferably more than that. In order to make this increase you will also need to increase your liability coverage, but the cost of the increased UIM coverage is usually quite low.
With the relatively low minimum insurance limits required for drivers in South Carolina and the increasing cost of health care, it makes sense to have your UIM coverage boosted.
Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts
Saturday, May 5, 2007
Tuesday, May 1, 2007
Auto Accidents - Do I need an Attorney? 1, 2, 3
Auto accidents have become an expected part of daily life. Here in the lowcountry of South Carolina it is no different. I hear almost daily about clients, friends and their families being in auto accidents. The stories range from mild fender benders to severe and life threatening or life ending injuries. The vast majority of those in auto accidents that I talk to have no interest in bringing a lawsuit. Nearly everyone would much rather have the matter taken care of quickly and put behind them.
South Carolina, like many states, requires that its drivers carry insurance within certain minimum limits of coverage. Unfortunately, many times drivers fail to do so. What becomes even more frustrating however is when the person causing an accident has insurance that would cover the medical bills and other damages, but that insurance company refuses to produce the promised money for that coverage. This all to frequent scenario can create a great deal of frustration for the injured person as well as for the at-fault driver who faithfully paid their insurance premiums in anticipation and reliance that if they ever did make a driving error, that they would have the protection they were promised from their policy.
The injured party, facing mounting medical bills, often comes to my office conflicted and still hoping to convince the insurance company to pay for their damages without the need for litigation. Here are a few things to remember when deciding whether to obtain an attorney.
1) Never forget that the insurance companies are not charities but are for profit enterprises. They have different, and usually adverse, interests from you in your accident claim. They may be friendly, but the bottom line is that they want to pay as little as they possibly can (an understandable position given that they are in it to make money) to maximize profits.
2) Anything you say may be used against you. Be very cautious about giving recorded statements. Injuries often subside and return, or the injuries we think are about to heal take a turn for the worse. Statements regarding your condition should be given, if at all, only after ample time has been allowed for treatment and healing. Likewise, it is better to discuss your case with an attorney before giving a statement.
3) Is the insurance adjuster trying to direct your medical treatment? Your medical treatment should be a decision made by you with the consult of your doctor. It should not be influenced by an insurance adjuster and it should raise a red flag in your mind if you notice the insurance adjuster commenting or suggesting certain courses of treatment. While some such advice may be genuine and meant to be helpful, because of the adversarial position of the insurance company it is unwise to rely on such advice.
In the end, only you can decide if you need an attorney. Many other factors may need to be considered. But finding an attorney that you can trust to give you sound legal advice and be a strong advocate for your position is important. Most attorneys will offer a free consultation and you should take full advantage of this offer. Finding a legal advocate that you can trust and who wants to keep your business for years to come can make an enormous difference in whether you are able to pay for your medical treatment and future care, or whether you are forced to endure ongoing medical problems and mounting bills.
South Carolina, like many states, requires that its drivers carry insurance within certain minimum limits of coverage. Unfortunately, many times drivers fail to do so. What becomes even more frustrating however is when the person causing an accident has insurance that would cover the medical bills and other damages, but that insurance company refuses to produce the promised money for that coverage. This all to frequent scenario can create a great deal of frustration for the injured person as well as for the at-fault driver who faithfully paid their insurance premiums in anticipation and reliance that if they ever did make a driving error, that they would have the protection they were promised from their policy.
The injured party, facing mounting medical bills, often comes to my office conflicted and still hoping to convince the insurance company to pay for their damages without the need for litigation. Here are a few things to remember when deciding whether to obtain an attorney.
1) Never forget that the insurance companies are not charities but are for profit enterprises. They have different, and usually adverse, interests from you in your accident claim. They may be friendly, but the bottom line is that they want to pay as little as they possibly can (an understandable position given that they are in it to make money) to maximize profits.
2) Anything you say may be used against you. Be very cautious about giving recorded statements. Injuries often subside and return, or the injuries we think are about to heal take a turn for the worse. Statements regarding your condition should be given, if at all, only after ample time has been allowed for treatment and healing. Likewise, it is better to discuss your case with an attorney before giving a statement.
3) Is the insurance adjuster trying to direct your medical treatment? Your medical treatment should be a decision made by you with the consult of your doctor. It should not be influenced by an insurance adjuster and it should raise a red flag in your mind if you notice the insurance adjuster commenting or suggesting certain courses of treatment. While some such advice may be genuine and meant to be helpful, because of the adversarial position of the insurance company it is unwise to rely on such advice.
In the end, only you can decide if you need an attorney. Many other factors may need to be considered. But finding an attorney that you can trust to give you sound legal advice and be a strong advocate for your position is important. Most attorneys will offer a free consultation and you should take full advantage of this offer. Finding a legal advocate that you can trust and who wants to keep your business for years to come can make an enormous difference in whether you are able to pay for your medical treatment and future care, or whether you are forced to endure ongoing medical problems and mounting bills.
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