MOTOR VEHICLE ACCIDENT LAWYERS IN MARYLAND, VIRGINIA, WASHINGTON, D.C., & north Carolina

Absolutely. In serious accident cases, you need to be aware of the fact that if you are claiming a permanent injury the insurance carrier becomes more concerned about its exposure. If the adjuster has received medical reports where you claim such a disability the adjuster may hire an investigator to follow you and video your activities. This is often done on the day you have a scheduled doctors appointment with the insurance company's doctor for an evaluation. Amazingly, Maryland and Virginia personal injury lawyers will inform their client of the questions the doctor for the insurance carrier may ask, yet forget to tell them their activities for the day may be video. This certainly is a home run for an insurance carrier when a client is shown raking leaves on the same day she told the doctor she was basically confined to her bed (this happened to a well-known Baltimore accident attorney).

Many insurance companies, like the Hartford, are known to conduct video surveillance in injury cases where permanency is claimed once a lawsuit if filed.

I inform all of the injury clients I meet in my Columbia, Maryland office, and tell all of the accident lawyers who work for the law firm in Maryland and Virginia, to instruct all accident clients, with respect to video surveillance in this fashion:

• If you are not claiming a permanent injury odds are there will be no video surveillance
• If the insurance policy for the defendant driver is 25,000 or less video surveillance is not likely
• If you are seeking large permanent damage and are claiming you can no longer work, walk, drive, enjoy leisure activities or working outdoors, beware of video surveillance
• If you have a scheduled deposition or any meeting with a doctor for the defendant, expect video surveillance

The answer is until your doctor determines that you are better. Persons who stop treating prematurely for personal injuries and then decide later that they want to treat again often have problems being compensated for additional damages. Insurance Companies are skeptical about paying the tab for accident victims who have stopped treating for a period of weeks. If the doctor informs you at some juncture that there is nothing more he can do for you, you might obtain a permanent disability rating. You then can be compensated for a permanent disability even though you are no longer treating.

You can be compensated for your property damage including a rental car and damage to your vehicle. Lost wages may be reviewed, as long as you file tax returns and have a slip from your doctor stating you are off work as a result of the automobile accident.

Additionally, you can expect to recover as damages all your medical bills that are reasonably related to the accident and be compensated for pain, suffering, inconvenience, physical impairment and disfigurement. Damages in this category can be broken down to include damages for emotional distress, pain while you were under active treatment, thereafter, and for any disability Compensation may also include damage to the family and spousal relationships. Importantly, in Maryland, Virginia, and DC personal injury damages may not be reduced by a defendant insurance carrier if you have been reimbursed for medical expenses and/or lost earnings from another source. Finally, these types of damages are not income within the meaning of federal and Maryland income tax laws, and therefore, you will not owe or have to pay any income taxes on the amount received as damages in an automobile accident case.

It is understandable that after an automobile accident you concern yourself with your car and your injuries, and not about how to protect your personal injury rights. Unfortunately, this path may lead you to jeopardize an injury claim. You should know there are a few things you should do, which take little effort, but in the end will serve to preserve your damage recovery.

First, after an automobile accident the police generally arrive. If they do not you must call them. Unless it is a necessity do not move your car until they arrive. When they arrive calm down and give them an accurate account of the accident. Then get the officer's name and report number, as well as the address and phone number of the insurance company for the other driver. Additionally, do not rely on the police to obtain accident witness information. You must, before leaving the accident scene, make sure you have the name, address and telephone number of all witnesses.

If you are injured in any way you should see your family doctor immediately or go to a hospital emergency room. Be aware that a common insurance company defense is claiming a person was not injured in the accident and did not suffer a personal injury because they waited several days to see a physician.

Next, call your own insurance company as soon as you get home. This is important since your own carrier may, depending on your policy, be responsible for a Personal Injury Protection claim. This insurance, assuming you purchased it, provides up to $2,500 for lost wages or medical expenses. Furthermore, in the event liability is later denied your carrier will be responsible, under your collision coverage, for your own property damage claim, which may also include towing and rental car expenses.

In Virginia automobile claims, Med-Pay is often available under your own policy to cover your medical expenses. Do not talk to any representative for the other driver including his or her insurance company. They may call to obtain a recorded statement or ask you to settle your accident and personal injury for a small damage amount. They are not calling to help you. Actually, that seemingly harmless statement is often used against people when the liability carrier raises defenses to deny the personal injury claim. Be aware that a common defense that actually arises from the statement alone includes "contributory negligence", you were somehow partially responsible for the automobile accident, that arises in all forms including but not limited to speeding and failure to pay proper attention.

Most Maryland auto accident injury attorneys are paid through contingency fees. A contingency fee basically means that the client does not pay anything to the attorney unless there is a settlement with the insurance company or judgment from the court. When there is a settlement or judgment an attorney is typically entitled to a percentage of that total settlement or judgment amount. When an injured person is considering hiring a lawyer, he or she should read the fee agreement very carefully. Before signing the fee agreement be sure to check what percentage of the settlement the attorney is charging as a fee.

Some attorneys will charge fees that are too high. If the Maryland auto accident attorney's fee agreement includes a fee of more than 33% for a case that settles that Maryland accident injury lawyer is a rip off artist. Most Maryland accident injury cases settle and a fair Maryland auto accident attorney, like the lawyers at Portner & Shure, charge a 33% fee for a case that settles.

Usually, a fee agreement will have a different fee for a case that goes into litigation. When a case goes into litigation that means that the case did not settle because of a disputed issue. Common issues insurance companies dispute are low property damage, liability, and reasonableness of medical treatment. A case that is put into litigation will be decided by a judge or jury. Litigation requires much more work including pleadings, discovery, trial preparation, travel, and trial. The additional work often increases the attorney fee to 40% of the total judgment. If your Maryland accident lawyer is charging you more than a 40% fee for a case in litigation or more than a 33% fee for a case that settles, that attorney is ripping you off. The Maryland accident attorneys at Portner & Shure are both fair and experienced. If you or someone you know has been injured in an automobile accident contact the Maryland accident attorneys at Portner & Shure.