Landlords have special obligations to tenants under the Residential Landlord Tenant Act.  The law requires that rental houses and apartment units be maintained in a “habitable condition.”  Habitability requirements cover a wide variety of conditions and mandate that:

• Electrical wiring is installed to code and maintained in good working order;
• Floors, walls and ceilings are structurally sound;
• Stairways and railings are maintained in good repair;
• No fire hazards are present and working smoke alarms are installed; and
• There are working locks for doors and latches for windows.

Other requirements include a waterproof roof and walls, a properly maintained heating system, and functional plumbing.

A tenant that is injured due to a landlord’s failure to comply with these requirements has a number of legal rights.  These include the right to bring a claim without having to prove negligence in many cases.  The tenant also may be entitled to recover attorney fees from the landlord.  Under the law, a non-complying landlord has very limited defenses.  These rights put a lot of pressure on the landlord’s insurance company to pay fair compensation for a tenant’s injuries.

Landlord-tenant injury claims often arise in the following circumstances:

• Fires caused by faulty electrical wiring or other unsafe conditions.
• Serious injury or death caused by failure to provide fire alarms or smoke detectors, or lack of a fire escape.
• Carbon monoxide poisoning caused by faulty furnaces, heaters, stoves or cooking equipment.
• Inadequate security that leads to assaults or other crimes committed against tenants.
• Broken or missing steps, handrails, stairs or railings causing slips, trips or falls.
• Structural failures in floors, walls or roofs.
• Children drowning in pools.

If you have been injured in a rental house or apartment unit, it is important to act quickly.  Critical evidence can be lost if not preserved right away.  Additionally, the law provides strict deadlines for bringing injury and insurance claims.

Attorney Rob Kline is experienced in pursuing landlord-tenant injury claims.  Rob has educated younger lawyers about handling such claims.  For additional information including more about the law, see DOING WELL BY DOING RIGHT: GETTING JUSTICE FOR INJURED CLIENTS UNDER THE RESIDENTIAL LANDLORD TENANT ACT AND GETTING PAID FOR YOUR WORK.

Rob Kline is available to discuss your legal rights.  Call today or request a confidential, free case evaluation.

Traumatic brain injury is a complex injury encompassing a broad spectrum of symptoms and disabilities.  The effects of a brain injury may be severe and apparent immediately.  Examples include slurred speech, difficulty walking and seizures.  In many cases, however, the effects of a brain injury are subtle at first.  But, over time, symptoms such as short-term memory loss, vision impairment or behavioral changes become apparent.  Often the family of the brain injury patient is the first to notice symptoms.  Brain injuries are one of the most common causes of disability and death in adults.

Types of Brain Injuries

Brain injuries include the following:

Concussion—an injury that is caused by a sudden blow to the head or to the body. The blow shakes the brain inside the skull, which temporarily prevents the brain from functioning normally.  Most people fully recover from concussions within a few hours to a few weeks.  However, concussions can cause more serious problems.  Repeated concussions, or a severe concussion, can cause long-term problems including:  physical, such as headaches; cognitive, such as difficulty concentrating or remembering; and emotional or behavioral problems, such as irritability.

Post-concussion syndrome, also known as post-concussive syndrome or PCS, is a set of symptoms that may persist for weeks, months or occasionally up to a year or more after a concussion.  Historically called shell shock, post-concussion syndrome is a complex disorder accompanied by a variety of symptoms that can include: headaches; dizziness; fatigue; irritability; anxiety; insomnia; loss of concentration and memory; and sensitivity to noise and light.  The nature of PCS and the diagnosis itself have been the subject of considerable debate among health professionals.

Skull fracture—a break in the skull bone.  There are four major types.

• A linear skull fracture is the most common.  In a linear skull fracture, there is a break in the bone, but the bone does not move.
• A depressed skull fracture occurs when part of the skull is displaced inward.  This type of fracture usually is caused by blunt force trauma, such as getting hit with a hammer or rock, or getting kicked in the head.  Depressed skull fractures carry a high risk of increased pressure on the brain.
• A diastic skull fracture occurs along the suture lines in the skull.  In this type of fracture, the normal suture lines are widened.  Diastic skull fractures usually are seen in infants and young children because the sutures are not yet fused.
• A basilar skull fracture involves a break in the bone at the base of the skull.  This type of fracture requires more force than the others and is the most serious.  Patients with this type of fracture frequently have blood in the sinuses, a clear fluid called cerebrospinal fluid (CSF) draining from the nose or ears, bruises around the eyes, and a bruise behind the ears.

Intracranial hematoma (ICH)—occurs when a blood vessel ruptures in or around the brain.  A blood clot compresses brain tissue.  The different types are classified by the location in the brain:

• An epidural hematoma is a blood clot that forms underneath the skull, but on top of the dura matter, the tough, outermost membrane that surrounds the brain.  Natasha Richardson, the actress that fell while taking a ski lesson at the Mont Tremblant Resort in Quebec, died from an epidural hematoma caused by a seemingly minor blunt impact to the head.
• A subdural hematoma occurs when a blood clot forms beneath the skull and the dura, but outside of the brain.
• A contusion or intracerebal hematoma is a bruise to the brain itself rather than the outside of it.

Closed head injury—occurs when the brain is damaged due to external mechanical force and the brain is not exposed.  A penetrating, or open head injury, occurs when an object pierces the skull and breaches the dura matter, the outermost membrane that covers the brain.

Coup-Contrecoup Injury—occurs when the head is moving and strikes a fixed object.  A coup injury occurs at the site of impact, and a contrecoup injury occurs at the opposite site.  Due to inertia, the brain is thought to bounce off the inside of the skull and hit the opposite side.  Coup-contrecoup injuries also can be caused by acceleration or deceleration alone with no impact.  These injuries are associated with cerebral contusion.

Diffuse Axonal Injury—is one of the most common and devastating types of traumatic brain injury.  Diffuse axonal injury is the result of shearing forces that occur when the head is rapidly accelerated or decelerated.  Extensive lesions occur over a widespread area.  The lesions disrupt axons, the neural processes that allow one neuron to communicate with another.  Diffuse axonal injury can occur in every degree of severity from mild to moderate to severe.  It is one of the major causes of unconsciousness and persistent vegetative state after head trauma.

Secondary Brain Injury—is brain damage that evolves over time after the trauma, and may include:

• Bleeding inside the skull (intracranial hemorrhage).
• Brain swelling (edema).
• Increased pressure inside the skull (intracranial pressure).
• Brain damage associated with lack of oxygen.
• Infection inside the skull, common with penetrating trauma.
• Chemical changes leading to cell death.
• Increased fluid inside the skull (hydrocephalus).

Classification

Traumatic brain injuries are classified as mild, moderate or severe.  The Glasgow Coma Scale (GCS) is used to objectively evaluate the conscious state of all acute trauma patients.  The GCS assigns a point value on a scale of 3 to 15 based on responses to verbal, motor and eye-opening stimuli.  A head injury with a GCS of 13 or above generally is considered mild, 9 to 12 is considered moderate, and 8 or below is severe.

Most traumatic brain injuries are classified as mild.  A mild traumatic brain injury (MTBI)  is a traumatically induced physiological disruption of brain function as manifested by at least one of the following:

1.  any period of loss of consciousness;

2.  any loss of memory for events immediately before or after the accident;

3.  any alteration in mental state at the time of the accident (e.g., feeling dazed, disoriented, or confused); or

4.  focal neurological deficit(s) that may or may not be transient but where the severity of the injury does not exceed the following:

a.  loss of consciousness of approximately 30 minutes or less;

b.  after 30 minutes, an initial Glasgow Coma Scale (GCS) of 13-15; and

c.  post-traumatic amnesia (PTA) not greater than 24 hours.

This definition was developed by the Mild Traumatic Brain Injury Committee of the Head Injury Interdisciplinary Special Interest Group of the American Congress of Rehabilitation Medicine (1993). Definition of mild traumatic brain injury. Journal of Head Trauma Rehabilitation, 8(3), 86-87.  Similar definitions of MTBI have been developed by the Defense and Veterans Brain Injury Center.

A moderate traumatic brain injury generally is defined as:

• Loss of consciousness of 30 minutes to less than 24 hours;
• After 30 minutes, an initial GCS of 9-12; or
• Post-traumatic amnesia of more than one but less than 7 days.

A severe traumatic brain injury generally is defined as:

• Loss of consciousness of more than 24 hours;
• After 30 minutes, an initial GCS of 3-8; or
• Post-traumatic amnesia of more than 7 days.

Different organizations use different classification systems.  For example, under the Mayo Head Injury Classification System (2007), a traumatic brain injury is classified as Moderate-Severe (Definite) TBI if one or more of the following criteria apply:

1. Death due to this TBI.

2. Loss of consciousness of 30 minutes or more.

3. Post-traumatic anterograde amnesia of 24 hours or more.

4. Worst Glasgow Coma Scale full score in first 24 hours (unless invalidated upon review, e.g., attributable to intoxication, sedation, systemic shock).

5. One or more of the following present:

a.  Intracerebral hematoma,

b.  Subdural hematoma,

c.  Epidural hematoma,

d.  Cerebral contusion,

e.  Hemorrhagic contusion,

f.  Penetrating TBI (dura penetrated),

g.  Subarachnoid hemorrhage, or

h.  Brain stem injury.

Causes of Traumatic Brain Injury

Common causes of traumatic brain injury include:

• Motor vehicle accidents
• Bicycle accidents
• Pedestrian accidents
• Falls
• Assaults, gunshot wounds, and other violence
• Sports accidents
• Playground injuries
• Construction and other work place injuries
• Child abuse, including shaken baby syndrome

Symptoms

Traumatic brain injury symptoms can be divided into several broad categories: physical, cognitive, behavioral, and emotional.

Physical symptoms of traumatic brain injury include:

• Loss of conciousness
• Vomiting
• Severe headache
• Changes in sleep patterns
• Sensitivity to light
• Blurred vision
• Dizziness
• Difficulty walking
• Loss of coordination
• Weakness in one side or area of the body
• Slurred speech

Cognitive symptoms of traumatic brain injury include:

• Memory loss
• Confusion
• Trouble with concentration, attention or thinking
• Reduction in rate of information processing (processing speed)
• Deficits in ability to organize, prioritize and execute plans (executive functioning)

Behavioral and emotional symptoms of traumatic brain injury include:

• Irritability or “short fuse”
• Depression
• Social withdrawal
• Decreased attention to hygiene
• Changes in appropriate social behavior
• Deficits in social judgment
• Deficiency in identifying, understanding, processing and describing emotions
• Personality changes

Diagnosis and Treatment of Traumatic Brain Injury

The diagnosis of a traumatic brain injury is made following a physical examination and diagnostic testing.  During the examination, the physician obtains a detailed medical history of the patient and information about how the injury occurred.  Diagnostic tests may include:

• Blood tests
• X-rays
• Computed tomography (CT or CAT scan)
• Magnetic resonance imaging (MRI)
• Electroencephalogram (EEG)
• Positron emission tomography (PET scan)
• Transcranial doppler

A neuropsychological assessment may be performed to evaluate cognitive function and impairment.  The assessment may be used to aid in planning physical and occupational rehabilitation.

Treatment of a traumatic brain injury is individualized, depending on the nature and extent of the injury.  The outlook for a patient depends in part on acting fast to obtain immediate emergency treatment.  In the acute stage, the primary goal is to stabilize the patient and prevent further injury since little can be done the reverse the damage caused by the initial trauma.  Rehabilitation is the main treatment for the chronic stage of recovery.

The goal of rehabilitation is to improve independent function at home and in the community, and to help the patient adapt to disabilities.  Most rehabilitation centers utilize a multi-disciplinary approach with a team of health professionals that specialize in traumatic brain injury.  Physiatrists, who specialize in physical and rehabilitation medicine, typically are the primary treating physicians.  The multi-disciplinary team may include specialists from neurology, psychiatry, neuropsychology, psychology, occupational therapy, physical therapy, speech and language therapy, and cognitive therapy.

Brain Injury Claims

Brain injury claims present special considerations.  As an initial matter, the victim may have suffered memory loss and, therefore, cannot remember the trauma-inducing event.  If there is a dispute over who is at fault, the victim can be at a disadvantage.

Equally important, diagnostic studies, such as MRI, CT or EEG may not detect traumatic brain injuries, particularly those classified as “mild.”  Diffuse axonal injuries frequently escape detection.  Indeed, a diffuse axonal injury can be severe enough to result in death, yet an MRI may be interpreted as within normal limits.

People suffering from mild TBI tend to look “normal” on the outside to the casual observer.  It can be a challenge to convince a jury that a person is seriously injured when there is no visible injury and no objective test data to support the diagnosis.

Defendants frequently claim that the plaintiff does not have a brain injury at all and, instead, is suffering from a psychological or emotional condition. The plaintiff also may be accused of exaggerating their symptoms or outright lying for financial gain.

Testimony from an experienced neuropsychologist is essential when a traumatic brain injury cannot be detected by diagnostic studies like MRI.  The neuropsychologist can explain the injury based on the results from a battery of tests that assess perceptual, motor, verbal, memory and cognitive functioning.

Defendants usually employ their own neuropsychologist to discredit the one that testifies for the plaintiff.  A typical defense is that there is no pre-injury, baseline testing of the plaintiff.  Therefore, the argument goes, it cannot be said whether any deficit identified by neuropsychological testing was caused by trauma or, instead, relates to a pre-existing condition.  Defendants also may claim that the plaintiff manipulated test results, or that deficits reflect unrelated medical conditions or the effects of medication.

To combat these defenses, it is essential for the plaintiff’s neuropsychologist to be well prepared for a vigorous cross examination by the defendant’s lawyer.  Among other things, the neuropsychologist must be able to confirm plaintiff’s baseline function by reviewing pre-injury medical, psychological, vocational and academic records.  The neuropsychologist also must account for all non-brain injury factors that may negatively affect the plaintiff’s test performance.

Finally, to prevent the trial from becoming a battle solely between medical experts, it is critical for the plaintiff to present testimony from family members, friends, employers and others in the community that can substantiate the effects of the plaintiff’s brain injury.

Brain injury claims are complex from both a legal and medical standpoint.  The challenges associated with successfully pursuing such claims certainly do not preclude recovery.  However, it is essential to retain the services of an experienced personal injury attorney to maximize your chances of success.

Rob Kline is available to discuss your injury and legal rights.  Call today or request a confidential, free case evaluation.

There are three categories to consider:

(1) Is the lawyer qualified to represent you?

(2) Does the lawyer have the experience to get a successful outcome in your case?

(3) Can you get along with them?

Qualified

Find out where the lawyer went to law school.  Did they go to a good school?  How well did they do in school?  Did they receive any academic honors?  Don’t be afraid to ask—you’re the one that has been injured, this is your case.  If your case goes to trial, by the time you’re done working with this lawyer, he or she will know a great deal about you, your background, your medical history, and your daily life.  If the attorney you’re interviewing is offended about providing some basic info about them, look elsewhere.

Next, you want a lawyer that specializes in representing claimants, also known as plaintiffs, in personal injury cases.  The law has become very specialized.  There are business, family, patent, class action, social security, employment and criminal lawyers.  The days of one lawyer hanging a shingle and practicing competently in many different areas are over.  It is too difficult to dabble in multiple areas of law.  You don’t want a dabbler—you want someone that dedicates their entire practice to representing claimants in personal injury cases.

Experienced

The next category you’re looking for in a lawyer is experience.  Does the lawyer have the experience to handle your case to a successful resolution?

Find out how long the lawyer has been practicing.  All lawyers need to start somewhere, but they do not need to start on your case.  If the lawyer has been practicing for only a few years, find someone with more experience.

Bear in mind that the number of years a lawyer has been practicing does not in itself tell the whole story.  In personal injury work, what is more important is the amount of the lawyer’s trial experience.  Most lawyers who handle personal injury cases do not go to court.  Insurance companies make it their business to keep track of which lawyers do and do not try cases.  This is important because insurance companies deal with risk.  A lawyer that goes to court presents a far greater risk than a lawyer that never goes to court.  Lawyers that have a reputation for only settling cases receive below par settlement offers because they do not pose much of a risk to the insurance company.  On the other hand, lawyers that have a reputation for being willing to go to trial and obtaining good results command the highest settlement offers.

Find out if the lawyer has any specialized training in trial work.  A law degree alone does not give someone the expertise to be a good trial lawyer any more than a medical degree, by itself, gives someone the expertise to be a good surgeon.  Advanced training and experience are essential.

Can I get along with them?

The last category to consider is whether you can get along with the lawyer.  The lawyer’s bed side manner is important for a lot of reasons.  First of all, you’re going to be spending a lot of time with your lawyer, especially if your case goes to trial.  If your personalities seem incompatible now, imagine how you might feel a year from now when you are spending large blocks of time with this person preparing for trial.

Ask yourself whether the lawyer communicates well.  Do they listen without interrupting you?  Are they patient?  Do they answer your questions?  Are they easy to talk to?  Do they instill a sense of trust and confidence?  Do they present well?  Good!  Because the lawyer is going to have to do all of that when they represent you and present your case to the insurance company adjuster, the insurance company lawyer, and ultimately, if your case goes to trial, a judge and a jury.  If the lawyer cannot communicate effectively with you in the comfort of the lawyer’s office, it does not bode well for the lawyer’s ability to represent you in a more hostile setting when the pressure is on.

Where should you start?  Spend some time learning about the lawyer’s qualifications and experience.  Then call the lawyer and speak with them on the phone about your case.  If you get a good feeling, make an appointment to meet in person.

When you sit down to meet with the lawyer, do not be afraid to ask the hard questions.  Remember, it is your case, and you are interviewing them for a job.  This is an excellent opportunity to see if the lawyer engenders the kind of trust and confidence you will need to have in your lawyer.  Take the time to ensure you have a level of comfort with the lawyer.

Kline Law Offices P.C. offers a free consultation.  Contact attorney Rob Kline by phone, or request a free case evaluation by email.

Adjuster’s Career Depends on Settling Cases for Cheap

Insurance companies are in the business of earning a profit. There is nothing wrong with that in a general sense. But remember that when it comes to your case, the insurance company’s objective is to pay you the least amount of money possible. In fact, adjusters are graded on how good a job they do settling cases BELOW reasonable value. Adjusters constantly have people looking over their shoulder and reviewing their performance. If they are not consistently settling cases below reasonable value, they will have a very short career.

Insurers Use Every Possible Tactic to Beat You Down

On top of the adjuster’s own personal interest in paying you as little as possible, insurance companies have developed very sophisticated procedures designed to bully, intimidate and psychologically break down claimants so that you’ll finally give in and settle your case for less than it is worth. This practice is called the three Ds: deny, delay and defend.

When faced with a new claim, the insurance company will do deny that you’ve been injured, delay resolving your claim, and, if those tactics don’t result in getting you to settle for cheap, defend vigorously every aspect of your case.

One almost universal defense technique is to force you to attend an “independent” medical exam. These examinations are rarely independent. Instead, the insurer selects a doctor that is known to consistently render opinions that favor the insurer and minimize the claimant’s injuries. Both the insurance company and the doctor benefit in this mutually advantageous relationship.

Another time-honored defense technique is to attack your personal character and accuse you of being a liar and a faker. The insurance company may conduct surveillance on you, investigate your personal life, interview friends and co-workers, and dig up embarrassing private medical records.

Most people do not have a lot of experience handling a personal injury claim. Chances are they have never negotiated an injury claim with an insurance company, do not know what their claim is worth, and are not accustomed to the scorched-earth tactics of the insurance industry. Injured people can be at a huge disadvantage if they are not represented by an experienced personal injury lawyer.

An Experienced Attorney Levels the Playing Field

An attorney will take control of your claim so that you are not engaged in a one-sided negotiation with the insurance company. A good, experienced attorney will engage in a host of activities designed to maximize the value of your case. This includes promptly investigating the accident or incident that lead to your injury to locate and preserve as much as evidence as possible to prove your case. Depending on the case, an attorney may retain other professionals to advance your case, including private investigators, consulting doctors, accident reconstruction experts, engineers, economists, life care planners and vocational rehabilitation specialists.

A good attorney also will monitor your medical care to help ensure that you get appropriate care that supports your legal case. An attorney will also perform a myriad of other tasks including: (1) locating and establishing sources of payment for your medical bills; (2) keeping track of all your bills and any outstanding balances; (3) ensuring that the correct source is paying the bills; and (4) negotiating reimbursement with your health insurer and any other entity that has provided medical benefits on your behalf.

Finally, if your case involves complicated legal or medical issues, a jury trial may be inevitable. If so, getting a skilled lawyer involved early in your case is essential for getting properly prepared for trial.

In essence, if you have a relatively minor injury and make a quick recovery, you may be able to handle your own case. But if you have a more serious injury that is permanent or are facing a long recovery, a good, experienced lawyer will help you level the playing field with the insurance company. Finally, if your case involves complicated legal or medical issues, you should seriously consider retaining a lawyer early in the process to maximize the chances of getting a favorable settlement or, if your case does not settle, to present your case to a jury.

The apartment management company denied liability. At age 67, Eyvonne’s recovery was slow and expensive, requiring numerous doctor visits and months of physical therapy. Full recovery was not likely, given her age and the severity of the injuries. Finally, the accident ended Eyvonne’s career as a care-giver for the elderly, and with it, the ability to support herself.

With medical bills mounting, unable to return to the work she loved, and of an age where job training for a new career was not likely, Eyvonne turned to Rob Kline and Kline Law Offices for help.

Rob Kline devoted hundreds of hours to her case. He took a number of depositions, examined thousands of pages of medical records and other documents, reviewed the city building file, and hired several expert witnesses.

Pre-trial, Rob convinced a judge to grant his motion for summary judgment, finding the defendants liable for Eyvonne’s injuries. This would take the liability issue away from the jury, so all they would have to decide was the amount of her damages. Ultimately, the case was settled in mediation.

Finally, Rob helped structure the settlement so that it functioned more like a trust than a lump-sum payment, ensuring her a stream of income in her later years.

Rob was wonderful from day one. He was very supportive. I didn’t know what to expect, but Rob was reassuring, very caring, he kept telling me it would take time, and not to give up hope.

He made me feel like I was important, he was genuine, compassionate, able to put his feet in other people’s shoes. He was almost like a family member.

I thank him for the patience he had, and all his hard work. He didn’t quit, that was remarkable to me, and gave me a sense of confidence. He stayed with me all the way through.

Eyvonne Harris
Sherwood, Oregon

Rob Kline is a local Portland accident lawyer available to discuss your injuries and legal rights.  Call today or request a confidential free case evaluation.

What To Do After a Motorcycle Accident

If you have been in a motorcycle accident, there are a number of critical steps you should take to protect yourself and your legal rights.  Learn More.

“I watched him coming,” Nancy recalls today. “No signal, no attempt to slow down. His car lifted me off the street, and onto the lawn of the neighboring house.”

Nancy was injured, and sought medical attention. Her aftercare included visits to an acupuncturist, who recommended Rob Kline.

The two joined forces, and almost one year to the day, secured a favorable settlement for the case.

Patience and compassion are what Nancy remembers best. What impressed her the most: The fact that Rob Kline used to work for major insurance companies, when his job was to defeat claims like the one Nancy was trying to settle.

Rob knew how to use this knowledge to my advantage. He knew what insurance companies do and how they do it. He wasn’t surprised by their underhanded tactics. He told me that I didn’t have to deal with them myself – that he would take care of it for me. And he did. Now I keep his card in my wallet and I am always willing to give him a reference.

Nancy Gonzales
Portland, Oregon

He decided to seek legal counsel, and was referred to Rob Kline, and Kline’s Law Offices. Rob researched and used a specific Oregon statute to ensure the maximum settlement the law allows.

A few years later, Trevor’s car was again struck by someone running a red light.

This time there was no hesitation: Trevor gathered all the accident information, including eye witness accounts, and called Rob Kline. Using the same legal strategy, Rob again helped his client receive the maximum dollar amount the law allows for this kind of claim.

Rob Kline is easy to work with, and explains things really well. He really gives you the confidence that he knows what he is doing and will get the most for you. Every time I called I’d be able to talk to him until all my questions were answered. He was very patient, offering clear explanations as to what was going on. After the second accident, I felt comfortable with him handling the case like he did before. That was nice, to be able to hand it off from the get-go.

Bottom line, why I would recommend Rob Kline: Efficiency and peace of mind.

Trevor Maffei
Portland, Oregon

There are a number of potential options available to deal with your medical bills while you are waiting on your personal injury claim to resolve.  Every case is different, and it is important to take an exhaustive look at all possible options.

PIP Coverage

The first, and most straightforward option applies if you have been in a car accident.  State law requires your own auto insurance to provide minimum benefits of up to $15,000 in bills for up to a year.  This is called personal injury protection—or “PIP”—and is a no-fault benefit of your policy.  Your insurance company will seek reimbursement of the benefits it pays from the insurance company for the other driver, if it is determined that the other driver was at fault.

If you were a pedestrian or cyclist injured by a car or other motor vehicle, then you are entitled to PIP benefits under your own auto policy.  If you don’t have an auto policy, then you are entitled to PIP benefits from the insurer for the driver of the car or other vehicle involved in the accident.  Coverage is provided on a no-fault basis.  In other words, you are entitled to coverage even if you were at fault.

Workers Comp

If PIP coverage isn’t available and you’ve been hurt on the job, you may be entitled to workers compensation benefits.

Health Insurance

If none of those coverages are available, then your own health insurance, if any, will pay your medical bills, subject to the terms and conditions of your policy.

Coverage Provided by the At-Fault Party

The next potential source for paying your medical bills is no-fault insurance coverage purchased by the at-fault party.  There are a couple of different coverages that might be available there.  The first, as noted above, is PIP, which is available to pedestrians and cyclists injured by a motor vehicle.

The second potential source of benefits is medical payments coverage, know as “med pay.”  If you have been injured on property owned by another person, such as a commercial business or a private home, med pay benefits may be available.  Trip-and-fall accidents are a type scenarios where the injured person can receive med pay benefits under an insurance policy issued to the property owner.  Unfortunately, the policy limits often are relatively low, on the order of $5,000.

Government Assistance

If none of the above options are available, then you need to investigate federal and state medical benefit programs.  Eligibility for, and availability of, government benefits is a complex topic beyond the scope of this FAQ.

Open Accounts with Providers

Finally, if you don’t have access to any source of medical benefits to pay your bills while your personal injury claim is pending, some medical providers will agree to “hold” your account.  That means the provider not send your bill to collections, provided you agree to pay the provider once your claim is resolved.  The willingness of medical providers to hold your account varies greatly from provider to provider.  If a provider agrees, they typically will request a “letter of protection” from your attorney.  A letter of protection generally says that in the event of a settlement of jury verdict, you agree to pay the provider first, before you receive any compensation.

Reimbursement of Benefits–a Big Surprise to Many

One thing many people do not realize is that even when insurance or other benefits are available to pay their immediate medical bills—whether PIP, workers comp, health insurance or government programs—these entities almost always have a right to get paid back from any settlement or jury verdict in your case.

The right to reimbursement comes as a big surprise to many people.  Why should you care about reimbursement?  Because your health insurance company–to whom you’ve been paying huge premiums year after year–will seek to get reimbursed for all the payments it has made on your behalf.  That means your health insurer will attempt to take some–and in the worst case scenario, all–of your settlement or jury verdict.

One of the important tasks that a personal injury lawyer undertakes is: (1) locating and establishing sources of payment for your medical bills; (2) keeping track of all your bills and any outstanding balances; (3) ensuring that the correct source is paying the bills; and (4) negotiating reimbursement with your health insurer and any other entity that has provided medical benefits on your behalf.

If you have any questions about how to handle payment of your immediate medical bills, feel free to contact us.  There is no charge for an initial consultation to discuss your personal injury claim and payment of your immediate medical bills.

Economic Damages Are Mostly Objective

Economic damages are hard costs that can be objectively verified.  They are relatively easy to determine and include:

• past, present and future medical bills;
• wage loss;
• loss of earning potential; and
• other out-of-pocket expenses.

If you were in a car, motorcycle or bike accident, economic damages also include repair or replacement costs. 

Noneconomic Damages Are Mostly Subjective

Noneconomic damages are much more subjective and subject to interpretation.  The law says that noneconomic damages consist of pain, mental suffering, emotional distress, humiliation, “any inconvenience and interference with your normal and usual activities,” injury to reputation, and “any other subjective, nonmonetary losses.”

Among the factors to be considered in an award of noneconomic damage are:

• the nature and extent of your injuries;
• whether you had a full recovery or sustained a permanent injury;
• the amount and duration of your medical treatment; and
• how the injuries have affected your day-to-day activities.

Ultimately, the question is what a jury would do after a trial on the merits.

Appearance of the Plaintiff Is Critically Important

One of the most important factors is what kind of impression the plaintiff—the injured person—makes on a jury.  Is the plaintiff seen as a credible, responsible person that has taken an active role in his or her medical care, followed the advice of all the doctors, and done everything possible to get better?  Or is the plaintiff seen as someone that has not tried diligently to get better, missed a lot of doctor appointments, and/or exaggerated their symptoms?  If the plaintiff falls in the latter category, is perceived as a complainer, or is generally not likeable, it can have a devastating impact on an otherwise solid case.

Appearance of the Defendant Also Matters

Another important factor is the kind of impression that the defendant makes on the jury.  Legally, it doesn’t make a bit of difference.  But as a practical matter, it can make a big difference.  Consider a car accident in which the defendant is a wealthy businessman that is late for a meeting and runs a red light.  At trial, he is dressed in an expensive Italian suit, gives evasive answers, and comes across as an arrogant jerk.

Contrast that defendant with a little old lady on a fixed income that is on her way to church.  Perhaps she is momentarily confused by traffic and inadvertently goes through a red light.  Same plaintiff; legally it should not matter, but the impression of the defendant can make a big difference.

The value of your case is based on weighing all of these factors.  Every case is unique.  Nevertheless, Kline Law Offices P.C. can give you a good idea of what your case is worth by considering what juries have done in similar cases and relying on its experience in handling hundreds of cases.

Call Kline Law Offices P.C. for a free consultation, or use our confidential free case evaluation email form.