Medical Bill Reductions Can Increase Client’s Personal Injury Recoveries

The personal injury attorneys at The Griffin Law Firm have been very successful in negotiating reductions on the medical expenses for our clients when appropriate.  These reductions are appropriate and much more likely if there is a small personal injury settlement due to weaknesses in the case.  On cases where litigation is not a good option, we negotiate reductions in medical bills and negotiate reductions in subrogation claims to maximize our client’s recovery.  Litigation is not a good option when there are weaknesses in the case such as pre-existing conditions, muliple prior personal injury claims, low property damage, gaps in medical treatment, disputes in liability (who is at fault), etc.  The personal injury lawyers at The Griffin Law Firm do our best to maximize our client’s net recoveries whenever possible.  Many times this is accomplished by negotiate reductions in the medical bills for our clients. 

Personal Injury Lawyers Fight Health Insurance Subrogation Claims

Health insurance companies often pursue reimbursement for the medical bills when the injures arose from a personal injury claim.  The insurance companies claim for reimbursement is called a subrogation claim.  Georgia limits the rights of the health insurance companies to be reimbursed.  The personal injury attorneys at The Griffin Law Firm, P.C. have been very successful in negotiate large reductions or even fight off these claims completely for our clients.  This allows the personal injury victim to keep much more of the money received from their personal injury settlements.  Attorney Richard Griffin takes the position that it is very unfair for health insurance companies to seek reimbursement for medical bills that are rightfully paid under the health insurance coverage that is purchased by personal injury victims.

MILLIONS OF CAR WRECKS OCCUR WITHIN 5 MILES OF THE DRIVER’S HOME

I recently heard an Allstate Insurance Company commercial that stated 60% of car wrecks occur within 5 miles of the driver’s home.  This shows you that it is important not to go into mental “cruise control” just because you are near your home.  Staying alert and ready to respond to a sudden emergency situation is critical to staying safe even as you appoach your home.

Do Auto Injuries Discriminate?

Do Auto Injuries Discriminate?

 The National Safety Council reported that in the year 2001 there were approximately 12.5 million traffic accidents, with about 2.3 million disabling injuries. It is a good thing that the US government along with auto makers have spent billions of dollars on testing and research to make vehicles safer. Yet even with modern advancements not all vehicles offer the same level protection and each occupant has a different risk of injury. “The insurance company often uses the cost to repair the vehicle as a gauge for determining the extent of injury to the vehicle occupants.” says Richard Griffin, of the Griffin Law Firm, a large Atlanta firm that specialized in auto and work injuries. Griffin goes on that minorities, the elderly and the poor are often the most negatively affected by this practice of claims evaluation. “Statistically, minorities, elderly and the disadvantaged drive vehicles with below average safety ratings or older vehicles. They are also more likely to not have access to healthcare. Then, when they say that they are hurt, the insurance company simply states that there was not enough damage to the car to cause injury. This often leaves the injured person in pain, without proper treatment, unable to work and with medical bills. Everyone with an injury needs good legal representation, and that’s what my firm does!” The Highway Loss Data Institute is a nonprofit public service organization that gathers, processes, and publishes data concerning different types of vehicles. In their September 2005 publication, “Injury, Collision and Theft Loss”, the Institute rates the relative frequency of injuries in each model, year and class of vehicles. (A full listing of vehicles can be seen at www.iihs.org.) Vehicles such as the BMW L 7 series, Chevrolet Suburban, Ford Crown Victoria, Volvo V70, Buick Park Avenue and Saab 9-5 all rate substantially better than average. While the Kia (Rio, Optima, Grand Vitara), Mitsubishi (Lancer, Galant, Eclipse), and Hyundai (Accent, Tiburon, Sonata) all rate substantially worse than average. These ratings support the idea that minorities and the poor may be at a higher risk of injury because their vehicles have poor safety features or may be older with no modern protection devises. “The vehicle safety does have a major impact on occupant injury but so does the pre-injury health of the occupant and the forces generated during the collision”, states Griffin. “Many insurance carriers do not understand that each occupant has a different threshold and risk for injury. An 18 year old healthy football player will have a lower risk of injury than an 89 year old female with osteoporosis and osteoarthritis. There are literally thousands of factors that are involved with an injury but the cost to repair property damage is not a major factor.”  In 2001 the Supreme Court of Delaware, in the case of Davis v. Maute stated that the defense “may not directly argue that the seriousness of personal injuries from a car accident correlates to the extent of the damage to the cars, unless the party can produce competent expert testimony on the issue. Absent such expert testimony, any inference by the jury that minimal damage to the plaintiff’s car translates into minimal personal injuries to the plaintiff would necessarily amount to unguided speculation.” But the insurance companies still routinely state that “less than $1500 of damage equals no injury”. “This leaves the injured person wondering, if they are really in good hands?” says Griffin. “The elderly, disadvantaged and some minority groups do appear to get taken advantage of. That is why our firm investigates each claim and protects the rights of the injured. We see many cases where the client did not immediately seek legal advice or may have gotten advice from an attorney that does not specialize in personal injury. We still fight hard for these individuals but it makes our job much more difficult. I recommend that any person injured get immediate legal advice from lawyers that specialize in personal injury.” Because of an extraordinary nationwide effort by insurance carriers, motor vehicle accident claims have been dramatically reduced. Carriers have been particularly successful in defending minor impact cases. In California alone, according to the research arm of the California Supreme Court, motor vehicle accident filings in superior court were down 50% in just 10 years. Few industries have successfully reduced its liabilities by 50% in just 10 years. The Insurance Research Council in a 2003 reported that 10% less claimants were utilizing the services of an attorney from 2002 to 1992. This is a surprising trend since 92% of claimants whose cases were value at over $25,000 were represented by an attorney. That still leaves the question, “do auto accidents discriminate?”  Do auto accidents discriminate? Yes they do. If you have a weak or degenerated back, drive a car with a poor safety rating, or have any of the other hundreds factors that put you at high risk for injury. Then yes auto accidents do discriminate. But one thing is 100% certain. They never taught a doctor in medical school, that when you are evaluating a patient to leave the exam room, go to the parking lot, look at the patient’s car, come back in the examination room and give the patient your diagnosis.

Richard S. Griffin, Attorney At Law

 See more at www.griffinlawfirmpc.com

INSURANCE COMPANIES SEND PRIVATE INVESTIGATORS TO SPY ON INJURED VICTIMS AT THEIR CHURCH

In The Atlanta Journal-Constitution on August 22, 2007, D.L. Bennet wrote about a terrible intrusion of privacy  when Progressive Insurance paid private investigators to spy on their own insured [Bill and Lenadra Pitts] while they were in at their church and in a church small support group.  Mr. and Mrs. Pitts had a pending lawsuit to attempt to recover under their under-insured motorist coverage.  Progressivc Insurance apparently took the low road in an incredible way by paying private investigators to join a church small group support group to spy on Mr. and Mrs. Pitts.  Progressive’s hope was that Mr. and Mrs. Pitts might say or do something that would hurt their pending personal injury claim.   This was a horrible invasion of their privacy for this small support church group which the article says made the church members feel violated.   This is a great example of the aggressive tactics of insrance companies to reduce the settlement amounts by any means necessary.  The article further stated that The Atlanta attorney representing the Pitts filed a lawsuit last week per the article for invasion of privacy, breach of confidentiality, emotional distress, and fraud among other issues.  It is my hope that this lawsuit is successful to discourage this aggressive and intimidating use of private investigators to even storm the sanctity of the church.

 This is extremely apaulling that an insurance company would pay private investigators to spy at this couple at their church and in the church’s small support group.  The article noted that the pastor was very angry and concerned that his congregation will not trust that the Church and the small support groups are safe and confidential.

Richard S. Griffin of The Griffin Law Firm, has seen insurance companies use private investigators to catch the claimants going to the grocery store, gardening, running errands, etc.  These tapes can be devastating to a case because the video often does not show how much pain the Claimant was in after attempting to engage in the activities of life.  It is unfair that insurance companies will manipulate the system by making Claimants appear to be faking their injures when they simply do what life requires them to do to keep living.  The argument to the use of private investigators is that it can be very affective and revealing people who are faking or exagerating their injures.

If you or someone you know has been injured, you owe yourself the favor of hiring an experienced injury attorney.  Insurance companies have their lawyers and their adjusters are fighting hard to pay as little as possible on your claim.  Hire us to even the playing field, to protect your rights, and to get you the settlement you deserve!

Richard S. Griffin - richard@griffinlawfirmpc.com

ATTORNEY RICHARD GRIFFIN FEATURED GUEST ON A LOCAL RADIO SHOW

Attorney Richard S. Griffin was the featured guest on the local radio show Focus On Gwinnett.   The host Dr. Adam Shafran’s interview focused on The Griffin Law Firm, P.C. and its focus on helping injured victims.   The topics include the following and more: 

(1) What to do when you are in a car wreck.

(2) What to do when you are hurt on the job.

(3) Practice areas for Richard S. Griffin and The Griffin Law Firm, P.C.

                                           (4) Why you need a lawyer?

                                           (5) Has the internet changed what legal questions clients have?

This exciting radio show can be heard by using the following link:    http://www.focusongwinnett.org/archives/10

WHAT TO DO WHEN YOU ARE IN A CAR WRECK:

 WHAT TO DO WHEN YOU ARE IN A CAR WRECK?  As a personal injury attorney for The Griffin Law Firm, P.C. [ www.griffinlawfirmpc.com - 404-303-8400] I am asked this question daily.  How you conduct yourself at the accident scene can play a vital role in the outcome of your case. 

 FIRST STEP - GET CONTACT INFORMATION FOR WITNESSES:  Immediately get all of the names, addresses, and telephone numbers of any witnesses at the scene.  Everyone is busy and often people do not want to wait for the police to come.  This is your only opportunity to get the witness information.  For change lane cases or for collisions at intersections, witnesses can make all of the difference.  Without a witness the insurance companies that represent the negligent driver will often take there insured’s word for it and deny the claim.  The burden of proof is on the injured party so getting the witness contact information may make all of the difference.

SECOND STEP - CALL THE POLICE:   No matter how trust worthy and apologetic the negligent driver is always call the police.  The police report will document the accident occurred and will have the officer’s opinion of who was at fault.  Without it your vulnerable.  A dishonest negligent driver could deny the collision occurred unless there is a police report.  This could mean that the negligent driver’s insurance company might deny liability.

THIRD STEP - TAKE PHOTOGRAPHS OF THE SCENE OF THE COLLISION:  I strongly recommend that you take photographs of all cars involved immediately after the collision.  This can be done by buying a disposible digital camera and carrying it in your car at all times.  These photographs preserve the evidence that could be needed to prove you were not at fault.  Many times the vehicles are moved to clear the roadway so these photographs could help with officer know what happened and our firm help prove your case.  These photographs also are very valuable in showing the property damage to your car and the negligent driver’s car.  Photographs which show substantial property damage can greatly increase the value of your claim.  Jurors are very motivated when they see wrecked cars which show a lot of damage.   Their nature thought when they see a demolished car is “how could anyone have survived that!”  This is a great weapon for our firm to use in settlement negotiations and / or if the case is tried.

 FOURTH STEP - CALMLY TELL THE POLICE WHAT HAPPENED:  Make sure you keep your cool when speaking to the police officer.  If you are injured, let the police officer know it.  He will typically note if you were injured in the police report.  Adjusters will often use it against you if the police report states you were not injured.  If you had to move your car, then show the police officer your photographs so he can see where the cars were.  If you have witness information of witnesses that did not stay, give it to the police officer.

 FIFTH STEP - GET THE NEGLIGENT DRIVER’S INSURANCE INFORMATION AT THE SCENE AND TAG NUMBER:   I recommend that you get the negligent driver’s name and insurance information immediately after the collision.  I also recommend that you write down the negligent driver’s tag number and driver’s license information if you can.  The police often will not give you the insurance information and will tell you it will be on the police report.

 SIXTH STEP - GET MEDICAL TREATMENT IF NEEDED:   If you are injured, then you should get medical treatment as soon as possible.  Delays in seeking medical treatment are often used by adjusters to argue you were not really hurt do to a gap in treatment.  The longer the gap in treatment the stronger the adjuster will argue this.  If you have serious injures, then you should seek treatment at the emergency room.  If you do not wish to go to the emergency room, then seek treatment from your family doctor or a medical doctor or chiropractor.  If our clients need help finding a doctor, then our firm can help you find a good doctor in your area.  If you have health insurance or med pay coverage, then use it.  This usually means that you will net more money in your settlement.  If our clients need a doctor to treat you on a  lien (no payment needed until the case settles), then our firm can help arrange this as well.

SEVENTH STEP - CALL THE GRIFFIN LAW FIRM ASAP SO WE CAN ADVISE YOU AND PROTECT YOUR RIGHTS IMMEDIATELY:  The most important step is to call our firm [404-303-8400 or http://www.griffinlawfirmpc.com/] as soon as possible.  We can make sure your property damage issues are resolved.  We can help you get the treatment you need.  We can do everything possible to maximize your recovery to make sure you are fairly compensated for your past and future medical expenses, past and future lost wages, and past and future pain and suffering.

Written by Richard S. Griffin, Attorney at Law.  http://www.griffinlawfirmpc.com/  or richard@griffinlawfirmpc.com

UNINSURED MOTORIST AND MED PAY IS ESSENTIAL!

WHAT IS THE PROBLEM WITH LOW LIABILITY POLICY LIMITS?  There is nothing sadder than explaining to a client with a catastrophic injury that the liability policy limits are all we can get and that the limits are only $25,000.  My job as a personal injury attorney is to maximize my client’s recoveries.  Unfortunately, Georgia only requires $25,000 / $50,000 as the minimum liability coverage required by law.   This means that the most any one individual can recover against a minimum coverage liability policy is $25,000.  The most the liability insurance company could have to pay for any one accident regardless of how many people are injured is $50,000.  This should be changed by the Georgia politicians to at least $50,000 / $100,000.  Obviously since many people live beyond their means and have large debt, they need to save money where they can.  To save money many drivers elect to have the bare minimum of $25,000 / $50,000 in liability coverage. 

HOW COULD THE MINIMUM COVERAGE AFFECT YOU?  This means that if you suffered a fractured hip or other serious injury and had medical bills of  over $50,000 from a surgery with hospital stay your recovery against the liability carrier may be limited to only $25,000.  This does not even cover your medical bills in this scenario, and you would be faced with paying for the remaining medical bills even though you were not at fault in the car wreck.  Recovering from the personal assets of negligent drivers is theorectically possible, but drivers who have minimum coverage almost never have assets to attach.   Most people who drive with minimum coverage have minimum assets and usually have liens against their house and car such as mortgages and car loans.

 WHAT CAN YOU DO TO PROTECT YOURSELF?  There is a simple solution.  Call your insurance agent and add $50,000 or more of Med Pay coverage and add $250,000 / $500,000 of (UM) Uninsured or Under-insured motorist coverage.  This would mean that your medical bills would be paid and you would still have $250,000 or more of uninsured or under-insured motorist coverage.  Under the hypothetical of a fractured hip from a car wreck, if you hired The Griffin Law Firm, P.C., you could recover the policy limits from the liability carrier.  Your medical would be paid by your med pay coverage and not out of your settlement.  And then we could pursue the remaining policy limits on your UM (uninsured motorist coverage).  Under-insured motorist coverage would be based on how much UM coverage you purchased above and beyond the liability policy limits.  UM and Med Pay coverages are relatively inexpensive, but they will make a world of difference if you have a catastrophic claim.

FREE SETTLEMENT EVALUATION:  Call my firm today at 404-303-8400 or visit our website at www.griffinlawfirmpc.com for a FREE CONSULTATION or just to find out what your case is worth. 

TORT REFORM’S IMPACT ON MEDICAL MALPRACTICE

The Tort Reform laws passed in Georgia have made it very difficult to find an attorney willing to accept any medical malpractice claims that are not catastrophic in nature.  Because the cost of litigating medical malpractice claims is enormous, medical malpractice attorney’s have traditionally been very selective about which cases they would take.  Now with Tort Reform which capped the pain and suffering on all Georgia medical malpractice claims at $350,000, it does not make sense for attorney’s to take any medical malpractice claims that do not involve catastrophic injures.  The cost of litigation can be high and range from $50,000 to $100,000 or more so unless the future medical expenses are extremely high, it is often very hard to find a medical malpractice attorney.  Jury verdicts against doctors are also very hard to obtain since jurors often feel that the doctors are trying to help us and are doing the best they can.  Tort Reform appears to be continuing in today’s political environment and will likley spread into the other areas of personal injury beyond medical malpractice with caps on damages and other limits on liability. 

Richard S. Griffin, Attorney At Law.   www.griffinlawfirmpc.com or call 404-303-8400 ext. 210.

Personal Injury Attorney To the Rescue!!!

 

 

 

My name is Richard S. Griffin, Attorney at Law.  My firm is The Griffin Law Firm, P.C.  We specialize in handling personal injury, wrongful death, worker’s compensation, and social security disability claims.

In this blog I will evaluate legal issues of interest to me.   I am also always willing to provide a free legal consultation about potential injury claims that you may have.  I can be reached at 404-303-8400 or at www.griffinlawfirmpc.com or email to richard@griffinlawfirmpc.com.