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General Personal Injury Archives

Can settling a personal injury claim cost me my health insurance, Medicaid, SSI, SSDI or Medicare?

Can settling a personal injury claim cost me my health insurance, Medicaid, SSI, SSDI or Medicare benefits?

How to lose your benefits and get little or no money from your settlement by not dealing with your health carrier appropriately...

Yes, you can lose your health benefits by settling your personal injury case by yourself incorrectly. When most people think about settling their personal injury claim, they are usually concerned about how much money they will be receiving from the party-at-fault, known as the tortfeasor. The client knows that they have to pay their lawyer and other costs, and pay any unpaid medical bills, and many think they get to keep all the rest of the money. Boy can they be wrong, and pay dearly for it.

What if the Insurance Company Obtains My Medical Records Without My Consent?

When you are injured in Ohio as a result of someone's negligence (whether in a car accident, truck accident, hit by a car crossing the road or crosswalk, etc.) and you make a claim for the injuries you suffered as a result of the person's negligence, you put your health at issue. This means that the liable parties and those paying the bills (usually the insurance company for the person who was negligent) is entitled to access some of your medical history. Obviously, you want to disclose those that are for treatment as a result of the accident to prove damages. There are limits on what they are entitled to view however. The liable party is only entitled to receive medical records which are related in some manner to the injuries claimed, or, in other words those that are not privileged. In order for the insurance company to obtain your medical records, they must either be produced from you or your attorney or obtain a signed release from you which allows them to obtain your records directly.

Aggravation of a preexisting condition

Some people who are injured in a car, truck, or motorcycle accident may have been suffering from symptoms or injuries to the same parts of the body that were also injured in the accident. Many times the injury from the accident makes the prior injury even worse than it was before. In this case, Ohio law states that the person responsible for those injuries is responsible for putting the person they injured into the position that the injured person was in prior to the accident.

Will my child be traumatized if I have to bring an Ohio personal injury lawsuit on his or her behalf?

Chester Law Group is very careful to be sensitive to the needs and concerns of children whom we represent. If you file a personal injury claim on behalf of your child, our Ohio serious injury lawyers will do their best to make sure that your child's involvement in any lawsuit is relatively limited. In Ohio injury case, the majority of the testimony and evidence is presented by adults, including the parents. In many cases, the child does not need to testify.

Do you have a personal injury case

One of the questions that a personal injury attorney frequently hears is "Do I have a personal injury case?" Personal injury claims can encompass a wide range of accidents and injuries. In order for the courts to recognize that you have a valid case, you must be able to show that four legal elements are met. Many times, proving these four elements can be difficult for a lay person, but our experienced Ohio personal injury attorneys at Chester Law Group know exactly what to look for.

Policy limits Ohio injury lawyer

The language in your auto insurance contract controls what your auto insurance company has to pay for, whether it is your policy or the policy of the person who hurt you. Insurance companies agree to pay for part of the damage caused by somebody's negligence up to a certain amount, called policy limits. What is actually written in the policy matters, as you can see from the case below. The issue was whether the insurance company had to pay the large attorney fee award given to an injured party when a drunk driver hit them and punitive damages were awarded. As you read the article, see how technical issues often determine how much money you are awarded for your pain and suffering. I suggest you read your auto insurance policy to see exactly what is and is not covered by your insurance company. You may be surprised at what you find.

Dealing With Unpaid Medical Bills After a Personal Injury in Ohio

Many people who have been injured in Ohio from a motor vehicle accident or other personal injury will often settle their claim with the insurance company quickly for a low value for fear of their medical bills remaining unpaid. Insurance companies know this and will often take advantage of this reality by offering low ball offers quickly after the accident hoping that a person will accept it to avoid their bills going unpaid for a period of time. However, an Ohio personal injury lawyer knows that there are ways to avoid medical bills going into collections.

I am very grateful Attorney Chester and his staff made my life easier. I'm not afraid to call them and get answers to all the questions that I've had, and no worries. Thank You.

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