512.494.9949
Larry F., Former Client
"I'm not sure where I would be today if it weren't for Justin and the law firm he is with... You become a part of the family the day you become a client and there is nothing more satisfying... If you want the best, the most terrific, then this is the man you want as your attorney."
Ben C., Former Client
"They're good people, plain and simple. I had the opportunity to work with Justin Demerath on a few issues. One where he had nothing to gain financially and the other, he did. There was no difference in his demeanor, the way he treated me or his intent. He just wanted to help in any way he could."
Herbert F., Former Client
"I want to thank you Justin for a job well done. My case was certainly a difficult one as attested to by the number of rejections I had before your name was given to me... You were up front about my chances for a win, never denying the road blocks that certainly would arise. I was impressed by the professional manner in which you handled my case."
Melanie S., Former Client
"The service I received from Justin Demerath has been unparalleled in every aspect. He is very professional, concise, and empathic towards his clients. My settlement exceeded my expectations on my collarbone injury case, in result of his strong desire for success."
Teresa P., Former Client
"WOW! I haven't seen this kind of customer service in years. Justin visited with me on the phone until all my questions were answered. He was extremely helpful, gracious, pleasant, willing, professional and very nice."
"In the midst of dealing with insurance, body shop, doctors and staff all of whom were 'just doing their job'... Justin was a ray of sunshine on a very gloomy day in my life. He made me feel very comfortable and encouraged me to continue with my questions... Thank you Justin...God bless you."
Jon S., Former Client
"Fantastic Representation. Justin Demerath represented me in a motorcycle accident where I was injured severely. The outcome was a best case scenario based on the realities of the at-fault driver. I received the largest settlement that was available and it turned out well. That was the bottom line, but what I wanted to comment on was Justin's willingness to explain each step of the process and his personal interest in my case. He came to visit me at my house while I was still unable to walk and his competence and ability to put things in simple terms allowed me to feel comfortable to take the details of my case off my plate and put it in his hands."
Nancy C., Former Client
"I am just so impressed in your scientific and legal knowledge. Your commitment and enthusiasm goes beyond compare. Should I ever need your services again or if someone I know needs your expertise, I will not hesitate to give you and call or make a referral."
Jay B., Former Client
"My experience with the insurance companies over the 15 months following the accident was frustrating... I admit I was also reluctant to find a personal injury lawyer, based on the stereotype of personal injury lawyers that I had ... I no longer carry that stereotype with me, I've since learned better."
Cindy R., Former Client
"Great Representation. I was involved in an auto accident two years ago and, after unsatisfactory dealings with the insurance company of the other driver, I hired Justin Demerath to represent me in my claim for medical bills coverage.... Mr. Demerath is a true professional whose compassion for his clients and for the law is first rate."
Motorcycle Accident / Product Liability
| Gross Recovery: | $2,275,000.00 |
|---|---|
| Client Net: | $1,285,861 |
| Attorney Fees: | $910,000 |
| Expenses: | $79,138.18 |
| Medical Bills: | In excess of $170,438.09 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Product Liability
| Gross Recovery: | $2,025,000.00 |
|---|---|
| Client Net: | $810,153.07 |
| Attorney Fees: | $810,000.00 |
| Expenses: | $58,831.93 |
| Medical Bills: | In excess of $640,000.00 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $1,850,000.00 |
|---|---|
| Client Gross: | $1,025,107.50 |
| Client Net: | $690,651.27 |
| Attorney Fees: | $671,000.00 |
| Expenses: | $152,430.75 |
| Medical Bills: | In excess of $339,982.00 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $1,250,000.00 |
|---|---|
| Client Net: | $671,000 |
| Attorney Fees: | $500,000 |
| Expenses: | $17,000 |
| Medical Bills: | $62,000 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Apartment Fire - Negligent Design of an Apartment Complex
| Gross Recovery: | $950,000.00 |
|---|---|
| Client Net: | $288,300.20 |
| Attorney Fees: | $378,300.20 |
| Expenses: | $251,730.48 |
| Medical Bills: | In excess of $532,393.34 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Negligence - 18-Wheeler Accident
| Gross Recovery: | $900,051.64 |
|---|---|
| Client Net: | $540,305.24 |
| Attorney Fees: | $279,000.00 |
| Expenses: | $65,619.78 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Product Liability / Defective Machinery
| Gross Recovery: | $785,000.00 |
|---|---|
| Client Net: | $494,488 |
| Attorney Fees: | $250,537 |
| Expenses: | $39,975.45 |
| Medical Bills: | In excess of $67,431.47 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $600,000.00 |
|---|---|
| Client Net: | $330,643.88 |
| Attorney Fees: | $240,000.00 |
| Expenses: | $4,501.59 |
| Medical Bills: | In excess of $101,045.83 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Bus Accident
| Gross Recovery: | $410,000.00 |
|---|---|
| Client Net: | $240,693.11 |
| Attorney Fees: | $164,000.00 |
| Expenses: | $5,309.89 |
| Medical Bills: | In excess of $97,892.23 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $152,500.00 |
|---|---|
| Client Net: | $84,609.24 |
| Attorney Fees: | $50,325.00 |
| Expenses: | $892.93 |
| Medical Bills: | In excess of $67,119.28 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Product Liability / Defective Design
| Gross Recovery: | $150,000.00 |
|---|---|
| Client Net: | $94,151.42 |
| Attorney Fees: | $49,500.00 |
| Expenses: | $6,348.58 |
| Medical Bills: | In excess of $47,704.60 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident - Intoxicated Driver
| Gross Recovery: | $25,000.00 |
|---|---|
| Client Net: | $16,072.18 |
| Attorney Fees: | $8,332.50 |
| Expenses: | $595.32 |
| Medical Bills: | In excess of $17,892.00 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $20,000.00 |
|---|---|
| Client Net: | $12,954.73 |
| Attorney Fees: | $6,660.00 |
| Expenses: | $385.27 |
| Medical Bills: | $31,018.92 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Skillful and Aggressive Legal Representation
When you or a loved one has endured personal injury or wrongful death, you have the right to seek justice and compensation. O'Hanlon, McCollom & Demerath is committed to providing each and every one of our clients with compassionate advocacy and skillful, tireless, aggressive representation. Our number one priority is providing each client with the most desirable legal outcome to every issue they are facing.
We Value and Respect Every Client
We believe that every client deserves and should receive one-on-one access and attention. Legal issues can be daunting without the protection of knowledgeable and experienced lawyers. O'Hanlon, McCollom & Demerath is dedicated to resolving your unique situation with compassion and diligence.
Superior Client Services
At O'Hanlon, McCollom & Demerath we ensure seamlessly integrated work product and representation through our utilization of state of the art technology and resources. We are committed to providing our clients superior legal representation at every turn.
Commitment to Getting you the Compensation you Deserve
In our efforts to obtain compensation for our clients who have suffered injuries and the related indignities arising from the negligent actions of individuals and corporations, we pledge to provide you with a personalized, "no stone unturned" pursuit in achieving the most favorable outcome on your behalf in what are, undoubtedly, the most important and often life-changing situations you may ever experience.
Our clients never owe any fees unless we obtain financial settlement on their behalf. We will go the distance for you.
Contact Our Personal Injury Attorneys Today
O'Hanlon, McCollom & Demerath offers you a free one-on-one evaluation of your personal injury case. Our clients never pay for our legal services unless we obtain a successful recovery of compensation for you. Contact us today for a free and confidential consultation with our experienced personal injury lawyers.
Kevin O'Hanlon
Kevin O'Hanlon, the founding partner of O'Hanlon, McCollom & Demerath began practicing law in 1974 and has vast knowledge of all areas of litigation. Mr. O'Hanlon became Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization in 1987, and in Civil Trial Law in 1990.
Justin Demerath
Justin Demerath joined the firm as a law clerk during his final year of law school and has been with the firm since that day. He has dedicated his law practice to helping people who have suffered damages at the hands of others in the state of Texas recover monetary compensation. Mr. Demerath has one mission in his work: to fight for the rights of the clients he represents.
Benjamin Castillo
In 2010, Mr. Castillo graduated from The University of Texas at Austin with a Bachelor of Arts in Government. Upon graduation, Mr. Castillo worked as a government and history teacher in the Rio Grande Valley.
Nick Maddox
Nick Maddox is an associate attorney who represents clients in a diverse range of litigation issues. Licensed to practice in both State court and Federal court, Mr. Maddox handles injury, employment, business, and contract disputes.
Amalia Hanley
Ms. Hanley graduated with honors from the University of Notre Dame with Bachelors of Arts degrees in History and Art History. In 1998, Ms. Hanley graduated with honors from the University of Florida School of Law. During school, and continuing after graduation, Ms. Hanley clerked for the Public Defender's Office in Gainesville, Florida, gaining criminal litigation experience in the Misdemeanor Division.
Alice Ward
Alice Ward was born in Ithaca, NY and raised in Jersey City, NJ. The older of two daughters, she graduated from Friends Seminary, a Quaker high school, in 1996. Ms. Ward attended the University of Texas in Austin, attaining a BA in History in 2000. She also became a certified paralegal through Austin Community College.
Adelie Alvarez
Adelie Alvarez grew up in Buda Texas and graduated from Hays High School. She has extensive experience in many areas of law. Since 2006, Adelie has worked for various local Austin attorneys.
Serious Personal Injury
Every year, hundreds of Texans suffer serious injury because of the reckless actions of another. If you were hurt in a car accident or pedestrian accident, or a loved one was injured using a defective product, the personal injury attorneys at O'Hanlon, McCollom & Demerath are here to help.
Wrongful Death
It is unfortunate, but it is usually up to the victim's family to pursue a wrongful death claim after the accidental death of a loved one. At a time when you feel most vulnerable and emotionally exhausted, a lawsuit is the last thing on your mind. But it's important to give it some consideration. An experienced, dedicated Austin injury attorney can help.
Car Accidents
Car accidents carry serious physical and financial consequences. Injuries can leave you unable to work and prevent you from enjoying a normal life. To make matters worse, your insurance company may more committed to its bottom line than your recovery. At O'Hanlon, McCollom & Demerath in Austin, Texas, our main priority, is representing people who have been injured in car accidents and make them whole again.
Motorcycle Accidents
With the freedom and excitement motorcycle riders enjoy comes the risk of serious injury in an accident. Despite the consistent warnings drivers receive to “start seeing motorcycles,” thousands of people across Texas are injured in motorcycle accidents. If you have been involved in an accident, you can benefit from immediate representation from an experienced motorcycle accident lawyer .
Truck Accidents
Collisions between commercial trucks and cars or passenger trucks almost always result in life-changing injuries or tragic deaths. Because of the seriousness of these accidents, it's important to work with an experienced Austin personal injury attorney who will protect your rights.
Product Liability
Whether you buy something from a big-box retailer, midsize market, outlet store, mall, or small grocer, you expect the product to be safe. However, sometimes you may buy a product that injures you, and product liability and defective product law dictates who is responsible for this breach of the implied warranty of fitness for the product’s intended uses. The place from where you purchased the product, the company that made the product, or even the company that advertised the product may be legally held responsible for your injury.
Defective Drugs
The defective drug product liability attorneys at O'Hanlon, McCollom & Demerath law firm understand that your injuries and complications may be the result of a defective drug. We are here to help you get the compensation you deserve for your injuries.
Defective Medical Devices
The defective medical device liability attorneys at O'Hanlon, McCollom & Demerath law firm understand that your injuries and complications may be the result of a defective medical device. We are here to help you get the compensation you deserve for your injuries.
Business Litigation
Disputes are an unfortunate, and often expensive, part of doing business. At O'Hanlon, McCollom & Demerath in Austin, Texas, our business litigation attorneys are experienced professionals who can protect your interests if you are embroiled in a legal dispute.
Fatal Auto Accidents
Car accidents are the leading cause of accidental death, bringing pain and grief to hundreds of Texas families every year. If a loved one has died in a fatal car accident, an SUV rollover, a collision with a commercial truck, or a motorcycle crash, you will be facing financial challenges, and we are here to solve your problems.
Defective Machinery / Equipment
Heavy equipment and workplace machinery can be dangerous even when it’s used properly. But when that equipment is faulty, has defective parts, or has been improperly repaired or serviced, even careful users can suffer serious injury or death. The injury lawyers at O'Hanlon, McCollom & Demerath hold companies responsible for negligence in the manufacturing and maintenance of equipment and machinery that leads to injuries and deaths.
Pedestrian Accidents
Bike riders and cycling enthusiasts bear an unfair burden when car and truck drivers do not drive carefully. With so little protection beyond a bike helmet and their quick reflexes, cyclists often suffer severe injuries when a car makes a sudden stop or a truck turns into their path. Sadly, many bicycle accident victims are children. If you have been seriously injured or a loved one has died in a bicycle collision with a motor vehicle or a cycling accident on a dangerous property, you may have a right to financial compensation.
How do I choose the right attorney for my case?
When you or a loved one has suffered an injury, hiring an attorney is one of the most important steps you will take toward seeking compensation from those who are responsible for your injuries. This can be a daunting and complicated process if you have never before hired an attorney and do not know how it all works.
What are my rights as a client?
If you ever have any questions about these rights, or about the way your case is being handled by your attorney, do not hesitate to express your concerns to your attorney. He or she should be readily available to represent your best interests and keep you informed about your case.
What should I do immediately after an accident?
Just after an accident or other event which seriously injures your or a loved one you may not know what to do or where to turn for help, especially when you have been injured by the negligence or wrongdoing of another person, or in many instances, the manufacturer of defective equipment or other products.
What is the Personal Injury Lawsuit Process?
After an accident in which you or a loved one are injured, and you have sought medical attention and have hired an attorney to handle your insurance claim, you may be on your way to becoming a plaintiff in a personal injury lawsuit if the insurance company has refused to make a reasonable offer of settlement on your injury claim.
Could ERISA reduce my claim recovery?
The Employee Retirement Income Security Act of 1974, known as "ERISA", is a federal law that may allow your insurance company, or your employer's health plan, to recover its costs on your claim, from a settlement or trial verdict award you may receive as a result of a personal injury lawsuit. This is known as "subrogation", and is considered to be a complex area of law. Potential subrogation interests should be discussed with your personal injury attorney after his/her review of any subrogation clauses in your insurance policy or your employer's health plan provisions.
What information will my attorney need from me?
When you or a loved one have been injured in any type of accident it is important to keep extensive documentation of the incident and your injuries. Your personal injury attorney will interact with insurance companies and defense attorneys on your behalf, and in order to make a proper claim for all the benefits you are entitled to, this documentation is necessary.
Some of our Victories
Product Liability Victory
Our firm represented a golf course grounds keeper who, due to a mechanical design defect in the industrial mower he was operating, was crushed under the machine when it fell into 15 foot ravine. The client suffered partial blindness, memory loss, and permanent brain damage.
Widow Prevails in Wrongful Death Action
Justin Demerath, in joint representation with his father, Attorney Larry Demerath, represented the widow of a truck driver who was killed when his vehicle struck a large tire that had detached from another truck. Larry and Justin are pictured above with the client.
Successful Settlement
Our firm represented a family in a wrongful death action against a large trucking company when their father was struck and killed by an 18-Wheeler due to a defective brake pedal. The case settled prior to trial. The brothers are pictured above.
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Our Practice Areas
Serious Personal Injury
Wrongful Death
Car Accidents
Motorcycle Accidents
Truck Accidents
Product Liability
Defective Drugs
Defective Medical Devices
Business Litigation
Fatal Auto Accidents
Defective Machinery / Equipment
Pedestrian Accidents
Automotive Product Liability
Sexual Assault / Abuse
Train,Plane,Bus,Cruise Accidents
Boating and Jet Ski Accidents
ATV Accidents
Bicycle Accidents
Catastrophic Injury
Spinal Cord Injury
Car Accident Legal Process Explained
If you have been involved in an auto accident in the state of Texas, the road to recovery can be a long and complicated one. This document is designed to walk claimants through each step of the process and help them understand what to expect from those who represent them.
Treatment for Injuries Immediately After the Accident
Treatment for Injuries
Collection of Evidence
Retain a Qualified Attorney
Provide documentation
Get Vehicle Repaired
Follow Through with Medical Treatment
Finish Treatment - Get Released from Doctors, Notify Attorney
Attorney Requests Documentation
Attorney Prepares Demand
Meet with Attorney for Pre-Demand Conference
Attorney Demands Claim to Insurance Adjuster
Adjuster and Attorney Negotiate Value of Claim
Attorney Settles Claim or Files a Lawsuit
Client Comes in for Settlement Conference
Attorney Disperses Monies
Treatment for Injuries Immediately After the Accident
If you're in an accident you need to seek immediate medical attention. Victims are often in some state of shock after an accident. The shock period can often mask serious or mild injuries, and the injured will not feel any pain. Most people even deny being hurt because they don't want to make a "big deal" out of the collision. This is a trick the insurance companies use against them when settlement time comes. They claim "If your client was hurt in the accident, why didn't he or she go to the doctor right away." Don't let them win this argument; get medical treatment directly after the collision or as soon as symptoms develop.
Treatment for Injuries
You should return to each of your doctors as often as necessary and you should always tell them about all your symptoms. You should never minimize your ailments when talking with your doctors. Many people minimize their pain because they don't want to complain too much. Do not exaggerate, but make sure you tell your doctor about each and every problem. This is important to your treatment. If you see any other doctors, make sure that you tell both your other doctor and your attorney immediately.
Make sure that you carefully follow your doctor's advice. Money cannot ever replace good health, so you want to follow your doctor's advice and treatment plan. You want to recover from your injuries as quickly as possible. Your doctor will keep track of any missed appointments and deviation from his or her treatment plan. When we provide the medical records to the adjuster, they will be able to see these inconsistencies. Their philosophy: hurt people get the help they need and follow through with it. So you can see how they may think you are not injured as seriously as you are if you do not follow through with your doctor's orders.
Many victims feel that if it doesn't hurt, it isn't injured. Yet injuries caused by accidents may not develop for days - even weeks. Don't be too quick to rule out injuries just because they haven't yet appeared. Also, accidents can cause the injured victim to suffer from Post Traumatic Stress Disorder (PTSD). This means the victim becomes less able to cope with stresses in his or her life. Depending on how well you cope with stress, you may want to be evaluated for this problem in addition to your physical injuries.
Stay under your doctor's care until your doctor releases you. Many people stop going to their doctor when they feel better, before the doctor releases them from treatment. Make sure you continue going to the doctor until your doctor releases you! Your doctor knows the complications that could result from your injury. And the other party's insurance company will in the end, pay the cost of going to the doctor if your case is settled.
Collection of Evidence
Make sure you collect witness statements, police reports, medical reports and anything else related to the accident. You or your attorney may need to hire private investigators and accident reconstruction experts. They can gather added physical evidence, such as pieces of the automobile. The other party's insurance company will collect all sorts of information, which may be used against you. You'll be at a serious disadvantage if you don't conduct a thorough investigation to help support your claim.
Get photographs of all the important elements in your case: These include your car and the car that hit you, the accident scene, your injuries, and so forth. Photos are vivid evidence of what you experienced. As they say, a picture is worth a thousand words. Juries find photos to be powerful proof of your injuries. So make sure either you or your attorney gets plenty of photographs. Send your attorney the digital file, negatives and prints of any photos taken by you or anyone else that pertain to your case. If you are unable to take photos, an investigator from your attorney's office should also be available to do this for you.
Keep all bills and receipts related to your accident. If you don't save your bills and receipts, you may not be able to prove the amount of your damages. Be sure to save everything: doctor bills, hospital bills, pharmacy bills and all other bills you incurred because of your accident. Immediately give all bills to your attorney, so that he or she may deal directly with the medical providers on your behalf. Make sure you pay all of your bills by check.
Keep a record of your injuries and day to day progress. If your case goes to trial, you need to be able to tell the jury how many days, weeks or months you were in pain, how long you suffered from headaches, how long you experienced muscle spasms - and so forth. Unless you keep a daily log, your answers may be vague and inaccurate. Don't risk hurting your credibility. Keep a detailed diary so you can back up your claims for damages. And always take this record with you to all medical appointments and to meetings with your attorney.
Documentation is the key to keeping an insurance company honest. If you want to get paid for an expense and other items you are legally supposed to recover, you have to show proof. Many people let legitimate expenses fall through the cracks. But remember, not only does this get these items reimbursed, it also shows just how seriously you were injured. This may give the adjuster a better idea of what happened to you.
Retain a Qualified Attorney
The truth of the matter is that experience and training differs greatly from attorney to attorney. Some attorneys may have years and years of experience drafting wills or shuffling papers in real estate transactions. Why would you want that lawyer representing you in your personal injury case? If you have been injured, you want an experienced attorney on your side.
The lawyer you hire for your personal injury case should have a "proven" track record of taking cases like yours to court in front of live juries and succeeding. Only an experienced personal injury attorney can give you the peace of mind knowing you have given yourself the best chance of winning a fair settlement or verdict.
Many attorneys have lots of cases, but they would never take them to trial. Many lawyers prefer "out of court settlements," primarily because they don't have the skill to take their cases to trial, even if they are offered less than the case is worth. You can rely on the fact that insurance companies know this and take gambles with these soft attorneys. Those insurance companies will never offer you what you truly deserve knowing that your lawyer will never take your case to trial and doesn't have the skills necessary to try a case in court.
Provide documentation
Insurance companies are very skeptical of any claimed injury and will try to dispute that it even actually exists unless unequivocal proof can be provided. Complete documentation in the form of doctors' bills, reports, receipts, diaries and photographs are provided to the insurance adjuster.
As your case progresses, it's important that you work with your doctors, employers and lawyer to properly document the case. When it comes time to provide proof to the insurance company, it should be relatively east to gather these documents and organize them.
Get Vehicle Repaired
Most often, you have two options to have your vehicle repaired. You may have the insurance company covering the person who hit you pay for repairs (the adverse insurance company). If you have collision coverage on your own insurance, you may have your own insurance company make the necessary repairs. Sometimes your own insurance may be more reasonable and provide a better repair than the adverse insurance since you are their customer and they should want to make you happy. Either way, the insurance company is obligated to repair your vehicle to substantially the same condition as it was before the collision. If the cost of repair is greater than the vehicle's current market value, they may declare it to be a total loss. They are then obligated to pay the fair market value to you.
Often, a dispute arises about the fair market value of a vehicle. The insurance company has access to huge databases that seem to indicate a very low value whereas you may be looking at a NADA or Kelly Blue Book value as a more appropriate number. This dispute is often aggravated when a person owes a bank or finance company more money than the car is worth. Sometimes this difference is several thousand dollars. Many people assume if someone destroys your car, they are obligated to pay off what you owe the bank. Unfortunately, the only obligation is to pay the actual market value. However, often the insurance company will increase their perception of fair market value with a little effort and persistence.
Follow Through with Medical Treatment
Stay under your doctor's care until your doctor releases you. Many people stop going to their doctor when they feel better, before the doctor releases them from treatment. Make sure you continue going to the doctor until your doctor releases you! Your doctor knows the complications that could result from your injury. And the other party's insurance company will in the end, pay the cost of going to the doctor if your case is settled.
Make sure that you carefully follow your doctor's advice. Money cannot ever replace good health, so you want to follow your doctor's advice and treatment plan. You want to recover from your injuries as quickly as possible. Your doctor will keep track of any missed appointments and deviation from his or her treatment plan. When we provide the medical records to the adjuster, they will be able to see these inconsistencies. Their philosophy: hurt people get the help they need and follow through with it. So you can see how they may think you are not injured as seriously as you are if you do not follow through with your doctors.
Finish Treatment - Get Released from Doctors, Notify Attorney
Your doctors will treat you until they feel you have completely recovered or reach a point where medical care will not improve your injuries. The later condition is called maximum medical improvement. When either point is reached, your doctor will release you from further care. You should notify your attorney as soon as released by your doctors. It is at that point that your attorney begins to perform the largest part of his or her role in resolution of your injury case. It is possible that you will return to one or more of your doctors so they may provide a report or produce further documentation for use in negotiation of your claim.
Attorney Requests Documentation
When your injuries are repaired as well as your doctor thinks possible, its time to provide a complete picture of your injuries, treatment and permanent condition to the insurance company. Your attorney will request medical records, bills, narrative reports, radiographic reports, documentation of lost wages, and documentation of all other expenses related to your injury from each provider. There is usually a significant expense to obtaining these documents, which the attorney will advance on your behalf. Also, in some instances it is important to obtain certified copies of the evidence in your case so that is admissible in court. An attorney will be able to collect the proper format of the relevant evidence for you.
Attorney Prepares Demand
Once all documentation is received, they are organized, summarized and packaged for a settlement proposal to the insurance company. This proposal is called a settlement demand or settlement brochure.
Meet with Attorney for Pre-Demand Conference
Your attorney will want to work closely with you to ensure that the settlement package is accurate, complete and proposes a settlement that you approve. This conference is where your attorney should go over each aspect of your personal injury case, translate what it means and will mean to the insurance company and will give you his or her estimate of the value of the case. The value should be based on both settlement value and the amount a jury is likely to award. A jury amount is larger and naturally most people want to proceed to Court. However, going to court has many additional expenses that are deducted from the final award. The attorney's fee usually increases to a greater percentage of the final amount. Both values should be boiled down to the amount you are likely to receive in the end.
A note about juries. Even the most talented attorney with the most airtight case can be scuttled by a jury. Countless experts have attempted to explain what happens when six or twelve people get together to decide a case and why they decide as they do. There seems to be no real explanation. Perhaps the jurors didn't like the shoes you wore on day three of the trial. Maybe they were daydreaming during the most important piece of evidence. They might just be angry that they couldn't think of a reason to get out of jury duty. Whatever the explanation, great cases sometimes get a verdict of $0.
Attorney Demands Claim to Insurance Adjuster
Once you and your attorney agree that the settlement package is perfect, the claim is sent to the insurance company.
Adjuster and Attorney Negotiate Value of Claim
Once the adjustor has reviewed the demand package, he or she will propose a certain dollar amount to settle your claim. Do not be alarmed by the insultingly small initial offer. The adjustor always initiates negotiations this way and your attorney MUST communicate all offers to you as they are made. Your attorney consults with you and makes a counter offer which is usually ridiculously high. Don't expect that your case will settle for that amount.
Your attorney's negotiation skills are important here. After several more offers and counter offers, a number will be reached that is the most the insurance company will offer. You are the sole decision maker on whether to accept or reject that offer. Your attorney will advise you one way or the other based all the factors of your case, but you make the final decision. If you reject the claim, the case proceeds through the courts over the next year or so.
Attorney Settles Claim or Files a Lawsuit
If you decide to accept the settlement offer, the insurance company will mail the settlement check and release to your attorney. If the settlement negotiations have gotten to a point where the parties are not able to come to an amicable agreement, you and your attorney may need to proceed to file your lawsuit and proceed to the litigation process.
Client Comes in for Settlement Conference
Your attorney will try to negotiate for each of your medical providers to accept a smaller amount than the full medical charge. For instance if you owe the hospital $7,000, your attorney may propose they accept $5,500. The balance goes in your pocket. Some medical providers will routinely reduce their bills and others will not.
Once all the final numbers are determined, you and your attorney meet to go over all the final paperwork releasing the other party from any further liability and disburse the funds. All funds are detailed down to the penny. A check for your portion should be available within s few weeks after this conference.
Attorney Disperses Monies
After the settlement check is deposited into the attorney's trust account and clears. (yes, insurance companies have returned checks and banks have not accepted them for improper endorsements or a myriad of other reasons). All monies are then disbursed to the medical providers, attorney and you.
