If you or a loved one was injured in a Virginia Beach car accident due to the action or inaction of another person, you may have a valid personal injury claim. It is important to contact an attorney as soon as possible after a personal injury for many reasons. Working with a qualified personal injury lawyer can help ensure that you do not make a mistake that forfeits your right to compensation.
For victims of Virginia Beach car accidents, there are multiple steps to accomplish. Reviewing facts, gathering evidence, calculating damages, and filing the necessary paperwork all take time, so the sooner you reach out to a Virginia Beach car accident lawyer from Shapiro, Washburn & Sharp, the sooner we can get to work on your case and secure the outcome you deserve.
You Have Limited Time to Enforce Your Rights
Personal injuries often result in astronomical medical bills, long-term medical complications, and numerous other damages. There can be a lot going on, so it is important to understand that you have limited time in which to build your case and bring a lawsuit. In Virginia, a person injured due to the negligence of another generally has two (2) years from the date of the occurrence giving rise to the injury to file a lawsuit and preserve their right to compensation. This is known as the “statute of limitations.”
Trying to track your recoverable damages and effectively pursue financial compensation while you are also trying to recover from your injuries can be immeasurably difficult. A personal injury lawyer can help ensure that you do not endanger your claim by missing your filing deadline and can also advise you throughout the entire legal process, help gather important information correspond with those who need it, and build your case.
Should I Sign an Assignment of Benefits Form?
Another reason it is important to contact a personal injury attorney immediately following a car accident is that victims are often presented with a variety of documentation to sign, whether it be at the emergency room or thereafter. One such document that you may be presented with at the hospital is called an “assignment of benefits” form. This document can be presented to you during a time of great stress, and perhaps you assume that you must sign it in order to receive treatment. But what is it and why did the ER give it to you in the first place? Do you have to sign it?
An assignment of benefits form essentially determines who the hospital or other treatment provider is going to bill for your medical treatment. It is what it sounds like—the person signing it, the victim, consents to assign the benefits they may be entitled to under an applicable insurance policy to the hospital or other treatment provider in lieu of being billed for such treatment directly or through their own insurance. There are typically two (2) forms of insurance coverages in play to pay the ER bill: (1) the victim’s own health insurance, or (2) the at-fault party’s automobile insurance. The assignment of benefits form, when signed, allows the hospital to bill the at-fault party’s insurance directly for the victim’s ER bill. This sounds great, doesn’t it? You’re the victim after all, you shouldn’t be saddled with dealing with medical bills caused by someone else’s negligence.
Not so fast. Like the insurance companies, hospitals as a whole are running a business and are primarily concerned about making money. Contrary to what you may think, or what you may want to think, they are not providing medical treatment purely out of the goodness of their heart. When you sign the assignment of benefits form, the hospital is saying to itself: “Cha-Ching!” This is because when the hospital bills the at-fault party’s insurance company directly, they are usually able to then collect the entirety of the face amount of their bill, dollar for dollar.
This is not the case when the hospital has to bill the victim’s health insurance, as the hospital will likely not collect the entirety of the face amount of their bill. The health insurance company usually pays a lower, negotiated rate to the hospital for the treatment, thus leaving to the victim more of the benefits available under the at-fault party’s automobile insurance coverage (which has coverage limits). Health insurance policies generally have a wider range of discounts than car insurance policies and will often cover the bulk of your expenses if you sustain a severe injury. If a balance on your medical bills does become due, then you may be able to utilize medical payment coverage (Med Pay) to cover any gaps left by your health insurance.
Unfortunately, signing an assignment of benefits form is rarely to the victim’s advantage. After a car accident, you should always use your own health insurance before the at fault party’s or your own automobile insurance, and you should contact the lawyers at Shapiro, Washburn & Sharp immediately to take control of the process. If you did sign an assignment of benefits form, you should revoke it immediately, preferably in writing. The costs of your medical treatments following a car accident will ultimately be included in your claim for compensation from your personal injuries, so signing an assignment of benefits form usually only works to take money out of the victim’s pocket at the end of the day.
The Insurance Company is Not Your Friend
Insurance carriers have a plethora of legal and financial resources at their disposal to impart their will on the world. Their adjusters are trained and incentivized to find ways to pay car accident victims the least amount of money possible following a collision. No matter what they say, insurance companies are always for-profit businesses. They don’t make money paying claims, they make money by denying claims and collecting premiums on very policies intended to cover the claims being denied. If left to their own devices, they will go to great lengths to avoid paying victims what they deserve after an accident, even if that means leaving the victim in financial ruin. Due to this, insurance carriers commonly try to make fast and unfair settlement offers to victims in an attempt to save their company money, and they often do so before the true extent of the victim’s injuries is known.
Once a lawyer becomes involved in your claim, the insurance company generally knows that it can no longer get away with a fast one. Working with a Virginia Beach personal injury attorney can have a considerable influence on your claim. Along with being familiar with the insurer’s tricks, they can also:
- Negotiate with the adjuster
- Handle the legal aspects of your claim
- Gather all pertinent information, including medical records and bills
- Advocate for your best interests and fight for maximum damages
- Work alongside experts, such as medical professionals, to make sure that your claim comprehensively addresses any anticipated healthcare needs and any long-term impacts of your injuries
At Shapiro, Washburn & Sharp, our experienced car accident lawyers are prepared to fight for full and fair compensation against any and all insurers.
A Word on Maximum Medical Improvement
Maximum medical improvement refers to the point at which medical treatment has done all it can do for a person injured as a result of another’s negligence. It is critical that you do not accept a settlement for a personal injury claim before you have reached maximum medical improvement or, at the very least, you have a reasonable idea of what it is going to take to reach maximum medical improvement and what treatment will reasonably be necessary thereafter. This is because, prior to this point, the extent and longevity of your injuries and any long-term care will not be fully known. Accepting an early settlement offer means that any continuing medical treatments or future damages may slip through the cracks and not be taken into account.
Shapiro, Washburn & Sharp, P.C.
If you or a loved one was injured in a Virginia Beach car accident, it is to your benefit to seek prompt legal representation for, among others, the reasons stated herein. The experienced Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp will handle all communications, advise you on the best course of action for your situation, and ensure that you do not make any mistakes that could jeopardize your claim. In one recent case, we secured a $675,000 settlement for a client whose accident left him with serious injuries and exacerbated a pre-existing medical condition. To schedule a free consultation with one of our skilled lawyers, call (833) 997-1774 or reach out through our online contact form. We have offices in Virginia Beach, Norfolk, Hampton, Portsmouth, Suffolk, and Kitty Hawk, North Carolina.