A Guide From Attorney Jeffrey Zarzynski
Everything You Need To Know After Being Injured
No one plans on getting injured, yet it happens every day. Here is how to protect your health and your claim.
Accidents can turn your life upside down, causing emotional and financial stress that is only made worse by physical pain. We believe that when you've been injured, full and complete recovery should be your only responsibility. Unfortunately, insurance companies don't always make that easy. That's why you need a trial lawyer to guide you through the process.
There are a few things you can do after an accident to protect your right to a complete physical, emotional, and financial recovery. The very first step, regardless of fault, is making sure you have dependable, competent medical care. If you don’t have health insurance, let us know and we may be able to help you find a doctor. Seek medical attention as soon as possible, and pay close attention to your symptoms no matter how small, for two important reasons. First, many people who expect to feel better in a day or two actually experience pain for weeks, months, or even years, and the longer you wait to see a doctor, the longer your injuries take to heal. Second, the value of your claim depends heavily on your ability to prove, through medical documentation, the type and severity of your injuries.
Be honest with your doctor about your injuries. Don't minimize your pain just because you think you can handle it, hope it will go away, or don't like to complain. Make sure your doctor understands how you feel and takes notes about your injuries. Get a written work excuse or a list of your physical restrictions if your injuries affect your ability to work. Avoid long gaps in treatment and try not to miss appointments. And keep a written journal of how you are feeling and how you are healing.
When you're injured but don't have health insurance, getting advice from an experienced attorney is essential. Not getting treatment could destroy your chances of physical, emotional, and financial recovery. Usually, you can receive medical treatment without paying upfront costs. If you're having trouble getting care, contact us and we will make sure you are seen by an experienced, dependable medical practitioner.
Always use health insurance first if you can, because the health insurer often negotiates a significant reduction for the benefits it provides. If your auto policy includes medical payments coverage, use that for co-pays, prescriptions, and other out-of-pocket costs. If another party is responsible for your injuries, they will ultimately be responsible for reimbursing your insurer.
Once you begin treatment, it's important to fill your prescriptions, attend follow-up appointments, and comply with all treatment plans, including physical therapy, chiropractic care, or even psychological counseling, until your doctor determines you are fully healed or that further treatment would not help. Unexplained gaps in treatment can create problems with your claim, because insurance companies evaluate claims largely on written documentation.
Injuries are often complex. You may need to see a specialist for an accurate diagnosis, especially for injuries that aren't visible, like back or neck injuries. We can help you find specialists who will evaluate your injury in greater depth and recommend the most effective treatment.
Generally, if you have health insurance, it's best to submit your medical expenses to your health insurer. If you don't have health insurance, submit them to your own automobile insurer. Typically, the at-fault party's insurer will not pay your medical expenses until it is ready to settle your case in full.
The last thing you should do is ignore their calls. Your injury has caused you and your family enough stress, and there's no need for your credit to suffer. Many medical providers will accept a letter of protection from your attorney that promises payment once the case settles. If not, your attorney can help you negotiate a small payment plan until your case is resolved.
Accidents can cause stress, fright, grief, worry, shock, humiliation, and other emotional trauma. Your emotional well-being is just as important as your physical and financial well-being. If you begin experiencing emotional trauma, it's important to consult a professional counselor or therapist as soon as possible. The next step toward your overall recovery is contacting an experienced, dedicated attorney to discuss your rights. We will not charge you anything for an initial consultation. The claims process can feel like a complicated game in which insurance companies know the rules and want you to play before you even see the rulebook. We know their tactics, and we place you not just on a level playing field but at an advantage. An Insurance Research Council study found that settlements paid to accident victims represented by an attorney were roughly three times higher than those paid to unrepresented victims.
Along with low-ball offers, insurers use a variety of tactics to minimize your claim and maximize their profit. These include: offering to fix or replace your vehicle quickly if you sign a Release; pressuring you to discuss the accident so they can record your words and use them against you later; gathering witness statements and photographs to support their own theory of liability; failing to tell you which types of damages are compensable; delaying payments and ignoring your calls so you feel forced to accept a small settlement to protect your credit; and hiring investigators to conduct surveillance on accident victims.
If possible, contact an attorney before you take your car in for repair. At no charge, we will make sure you get the best service on a damaged vehicle, or the maximum value for a totaled one, and that you have access to a rental if you need it. You are not obligated to use the insurance company's pre-approved garage. Pre-approved garages sometimes charge less as a courtesy to the insurer, which can later be used as evidence that the damage wasn't that bad. Wherever you have your vehicle repaired, do not sign any release to get it back before consulting your attorney, because doing so could seriously hurt the value of your claim.
We employ a range of tactics to protect your rights and pursue the maximum compensation for any pain, suffering, or inconvenience you experience. Best of all, we handle every aspect of your claim so the only thing you have to worry about is getting better. That includes promptly and honestly informing you of your options; keeping track of your condition and any developments; investigating every component of your accident; identifying all potential sources of recovery; consulting with your health care providers before they write reports; gathering all documentation needed to prove your claim, including lost wages, medical records and bills, expert analyses, witness statements, and police reports; taking a firm, aggressive stance in negotiations; and filing a lawsuit and proceeding to trial when a case cannot be settled to your satisfaction.
Absolutely. We charge nothing for your initial consultation, and we even settle your automobile property damage free of charge as a courtesy. All injury claims are handled on a contingency fee basis with no advance costs to you. We get paid when, and only when, you get paid.
No matter which attorney you hire, there are things you should do to protect yourself: document and photograph any visible injuries and property damage; photograph the scene, especially any dangerous condition on public or private property such as icy or dilapidated sidewalks, broken staircases or handrails, or unsecured holes; get the names and contact information of any witnesses; and document all losses that stem from the accident, including lost wages and your inability to handle daily tasks or hobbies. Never sign anything or cash a check before consulting your attorney, and try not to discuss your accident or claim with anyone you don't know and trust.
Yes. When you're involved in a motor vehicle accident, your own auto insurance company does have the right to prompt notification.
In general, no, especially before you've consulted an attorney. Insurers for the other side have two goals: keeping down their liability and representing their insured's interests. Anything you tell them can be used to shift blame onto you and to underestimate your damages.
Yes. Any passenger hurt by another driver can make a claim against the at-fault driver's insurance company. If that driver has no insurance, the injured passenger may still be covered by his or her own insurance company.
Yes. Wickett was a belted passenger in the front seat when the car he was in was struck by a speeding vehicle. His thoracic spine was fractured and he was paralyzed in the hind end. The amazing staff at West Allis Animal Hospital would not let him fail, as he was their favorite. Jeff Zarzynski found insurance coverage for the dog’s medical treatment and had a specially fitted wheelchair cart made at the insurance company’s expense.
Social media has made it much cheaper and easier for insurance companies to conduct surveillance on accident victims. Do not post any information about your accident, injuries, or activities in emails or on sites like Facebook or Twitter, and if you already have, take it down immediately. Even posts unrelated to your accident reveal information about your activities that insurers or defense attorneys can access, manipulate, and turn against you. Set all of your social networking settings to private, and restrict access to only people you trust. Failing to do so may jeopardize your claim.
The compensation you're entitled to goes well beyond property damage and medical bills. Jeff is known for his ability to calculate the total value of a personal injury claim, but there is no way to know the precise value until the full extent of your injuries is clear. Factors include the length and degree of your medical treatment; past, current, and future medical expenses; total out-of-pocket costs; lost wages and income; the extent and permanence of your injury; the level of pain and suffering you've experienced and are likely to continue experiencing; how your injuries have affected your ability to work and enjoy life (legally called Impaired Earning Capacity and Loss of Enjoyment of Life); the effect on your relationships with loved ones (Loss of Companionship); and the degree to which your own negligence contributed (Comparative Negligence). Wisconsin limits how long you have to file a claim. Most cases must be filed within three years of the accident, and if a city, county, state, or public employee is responsible, a Notice of Claim must be filed within 120 days of your injury.
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