This brochure has been prepared to serve as a guide if you have been in an automobile accident.
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Here are helpful hints about the following:
- Your Legal Rights
- Avoiding Pitfalls
- Obtaining a Rental Car
- Recovering for Pain and Suffering
- Completing Occident Reports
- Recovery of Expenses and Lost Wages
- Maximizing the Insurance Settlement
Your Claim for Pain and Suffering
A proper and fair settlement for damages and injuries arising from an automobile accident will include:
All property damage - including:
- Repairs to your automobile
- Use of a rental car pending repairs to your vehicle
- All medical costs and lost wages
- Transportation costs to the doctor or physical therapist
- Emotional distress
- Loss of family and marital relations
- Pain and suffering from the trauma, anguish and inconvenience of the accident
Pain and suffering as an element of recoverable damages is difficult to define. Depending on individual circumstances, this element of damages can be the most significant aspect to your claim. At Hammer, Ferretti & Schiavoni, we assist you in assigning a value to such damages and strive to recover compensation for all injuries and damages that you may be entitled to claim.
Your Automobile Insurance Coverage
You should purchase automobile insurance to maximize your protection for you and your family, but this must be balanced against what is affordable. Since insurance coverage is mandatory in West Virginia, you should seek assistance from an experienced automobile accident attorney to maximize the benefits and advantages of your insurance coverage.
When you visit your local agent, you will be confronted with questions regarding underinsurance coverage, uninsurance coverage, medical payments coverages, deductibles, "umbrella policies", property loss coverage, multi-vehicle coverage and premium deductions for seat belt use, safe driver status and operational equipment.
Hammer, Ferretti & Schiavoni have experienced lawyers who have the knowledge to answer your questions about insurance coverage to ensure that you purchase the best coverage for you and your family. Mr. Ferretti previously worked for insurance companies and is familiar with the defenses raised to deny you coverage. Give him a call if you have any questions.
I Had an Accident... What Should I Do?
Better yet, what should you not do! An automobile accident will cause panic, nervousness and anguish, in addition to any pain you may be experiencing due to injuries. Nevertheless, immediately after an accident, you will be required to complete an accident report and make a statement to an investigating law officer, contact your insurance company to report the accident, and complete an accident report for the West Virginia Department of Motor Vehicles. You may also be contacted by a representative from the insurance company for the other vehicle involved in the accident.
This will usually happen within hours of the accident, even if you are in the hospital at the time.
You should not give any recorded statements to the another's insurance company. Only contact your company, (as is required under your policy), and agree to give a statement to the investigating officer.
When giving a statement to a police officer, always conclude the statement by saying that you may wish to add additional information upon further reflection. Never conclude a statement by saying that you cannot remember anything else.
You should not fall prey to attempts by the other person's insurance company to settle your claims quickly. Fast offers can lead to trouble quickly, as they may not include compensation for future medical expenses or wage loss. You should consult the personal injury attorneys at Hammer, Ferretti & Schiavoni to determine if any offer is fair or merely an attempt to buy you off cheap. A free consultation can be gained by calling on the telephone.
You should not sign any releases for property damage or personal injury settlements without first asking an attorney to review the paperwork. Insurance companies have their lawyers draft such document; why should you not have the same expertise on your side?
Who Pays the Bills?
You do, if you have failed to pursue a claim properly. From the moment you have an accident, repairs to your automobile will be needed. If you are injured, the medical costs start adding up when an ambulance arrives or if you seek care at your doctor's or an emergency room of a hospital. Eventually, the bills will arrive by mail, along with warnings about failure to pay. How do you pay bills, especially if you are injured and cannot work, and continue to receive the medical treatment you need?
Medical costs can initially be covered by your own policy, even if you are not at fault or your automobile is not involved in the accident. Hammer, Ferretti & Schiavoni can quickly review your policy to determine if there is coverage available for payment of medical bills. Coverage under your own policy, regardless of fault, is often the first available coverage to pay bills, recover lost wages, get a rental car, and keep the collections people off your door step.
Wage loss, if your are unable to work, can also be recovered to lessen the hardship caused by an accident. A rental car can usually be obtained to allow you to make the doctor's appointment and travel to work. Do not accept the word of an insurance company representative claiming you are not entitled to such compensation or that there is no such coverage available...
Consult a lawyer.
What Do I Do About My Injuries?
Hammer, Ferretti & Schiavoni have represented clients who unfortunately have continued to suffer for months and years from even the most minor injuries. If you are injured in an automobile accident, you should contact your family physician immediately and request a referral to a specialist if your physician is unable to treat you. If you are treated at a hospital emergency room, the staff there will typically refer you to a physician for additional care. Be sure to follow their directions.
Whenever you see a doctor, he or she will always request a history of your injuries. In other words, your physician will ask you "what happened." Be aware that he will make notes of this conversation and these medical reports end up in the hands of the insurance companies handling your claims. They will in turn compare what you told the doctor with what was told to the investigating officer. Thus, you should attempt to be as truthful and consistent as possible and should never fail to describe all injuries and how they were caused by the automobile accident.
Do not miss doctor's appointments without having the secretary or doctor's assistant list the reason for the cancellation. An unexplained absence is always interpreted by an insurance company as a lack of injury or need for treatment.
Finally, follow the doctor's recommendations as closely as possible. They are attempting to help you recover and any doubt about methods or treatment should be resolved by consulting another doctor, not simply ignoring the advice of your current treating physician.
How Can I Afford Legal Bills in Addition to Everything Else?
A telephone call to Hammer, Ferretti & Schiavoni will be free and they offer a free initial consultation in their offices to discuss your case and answer questions. If you decide to hire them as your attorneys, they will work for you on a contingency fee basis. In other words, their fee is paid out of money obtained for you and there is no fee charged if there is no recovery. Listed for those who are not close by is the law firm's 800 number so that you can avoid a toll call.
Hammer, Ferretti & Schiavoni rely on referrals from past clients who are most satisfied with the services they received. They do not rely on television, newspaper or radio advertising to entice you to see them. They're too busy working on cases and establishing a reputation for hard work and good results. Within the past year, they have obtained two multimillion dollar verdicts in their county alone, reportedly the highest ever received in this part of West Virginia.
The Bottom Line Is This:
Being a victim of an automobile accident can affect your life physically and financially. The only thing you cannot afford is a failure to contact Hammer, Ferretti & Schiavoni.
304-264-8505
800-474-8505
