1. Who pays my medical bills and lost wages? (FAQ-1)
If you have auto insurance and you are in an auto accident, your insurance company will pay your medical bills and a portion of your wages up to a certain point if you have Medical Payments Coverage (MEDPAY). The amount it pays depends on the coverage you have under your policy. In California, the typical MEDPAY policy provides for somewhere between $1,000 - $5,000. However, you are able to purchase MEDPAY in excess of $5,000 if you choose. If you are not at-fault for the accident, the other driver's auto insurance company will also be responsible for the same medical bills or lost wages. In other words, you can essentially collect twice for the same medical bills and lost wages. Of course, the at-fault driver's insurance company is also responsible for your pain and suffering damages for your personal injuries, which is usually the largest part of the plaintiff's claim. There are two types of MEDPAY, 1) Primary and 2) Secondary. Primary will cover all reasonable and necessary treatment that is accident related that is submitted to your insurance carrier. Secondary MEDPAY covers all reasonable and necessary medical treatment and related billings that are accident related and your own health insurance carrier does not cover.
2. Can you recommend a doctor to me to treat me for my injuries? (FAQ-2)
We can. It is typically our preference that clients seek treatment from their existing health care providers (or request a referral from them). But if you do not have an existing health care provider or your provider requires payment before the resolution of your case, we can provide you with a list of quality health care providers that we know who will not require payment until after the resolution of your case. It is important to note that it is a common occurrence for our office to help you with locating a medical provider. The reason for this is that many if not most medical providers do not want to be involved in an injury case for various reasons. Rest assured, we only will refer you to facilities that we believe are top-notch medical providers and experienced at providing appropriate medical care for your accident-related trauma.
3. What is Medical Payments Coverage (MEDPAY) insurance and do I have it? (FAQ-3)
Medical Payments Coverage is an insurance coverage for medical expenses stemming from an auto accident, regardless of who is at fault in the accident. California law does not require Medical Payments Coverage on auto policies, but insurance companies are required to offer you the coverage when you buy an auto insurance policy. If you do not want it, you can reject it in writing by executing a waiver.
4. What does MEDPAY cover? (FAQ-4)
MEDPAY covers reasonable and necessary medical expenses for injuries sustained in an auto accident. Payments are made for costs that are actually incurred by the injured person.
5. I am feeling better but I am still hurt. Should I continue to receive medical treatment for my injuries? (FAQ-5)
This is a medical question in terms of how your injuries should be treated. That is your decision to make in consultation with your healthcare provider, not your lawyer. In getting treatment for the injuries from your auto accident, you want to focus on your health, not the legal consequences arising from anything that is affected or how your financial outcome is impacted. IT IS WHAT IT IS - MAINTAIN YOUR CREDIBILITY!
1. How should I choose a personal injury lawyer? (FAQ-1)
Check the credentials and background of the lawyer. Does the lawyer focus his or her practice on personal injury cases or does the lawyer do a little of everything, including personal injury cases? At Tryk Law, our attorneys focus exclusively on personal injury cases. While we might be able to handle a domestic or criminal matter, lawyers who focus their practice on family or criminal law are going to be a better bet for you in those kinds of cases then we would because we focus our attention and experience on personal injury cases only.
If the lawyer does focus his or her practice on personal injury, ask them about their experience in taking cases to trial. Many lawyers who handle exclusively personal injury cases never go to trial, they simply send settlement demands to the insurance companies and try to get the best offer they can and then settle.
You may be asking: I want to settle my personal injury case so what is wrong with an attorney that settles all of his cases? The problem is most insurance companies keep track of lawyers' trial records by doing a computerized search based on the firm's taxpayer ID number. If your lawyer settles all of his personal injury cases, the insurance company is going to know that and it will be reflected in the offer you receive for your claim. So if your lawyer does not try personal injury cases, the insurance company knows he will settle and they adjust their settlement offers accordingly.
A simple solution to this problem: ask the lawyer for the names of the last three cases he has taken to trial. Ask specific questions such as, the name of the case, the outcome, what the insurance company offered to settle, and when the case was tried. If they cannot name at least three personal injury cases they have tried in the last few years, we would suggest you contact another lawyer.
2. Do I need an attorney to handle my personal injury claim? (FAQ-2)
The insurance company representing the person(s) at fault for the accident will have a team of adjusters, investigators and personal injury attorneys working against you. The insurance company's goal is to pay you as little as possible to settle your claim. If you have a serious personal injury case, you need the assistance of a qualified California Personal Injury Attorney to ensure that you receive fair compensation for your injuries.
According to studies conducted by insurance companies, individuals recover two-and-a-half times more for their auto accident case if they are represented by a personal injury attorney. No matter how nice insurance adjusters may sound on the phone, they are paid to have one goal in mind: to pay you as little as possible. This is how the insurance company maximizes its profits: by paying as little as possible on personal injury claims. Despite their cliche slogans such as "You're in Good Hands with Allstate" or "State Farm is There," an insurance adjuster, even one for your own insurance company, does not act in your best interest. The insurance company's interests are fundamentally at odds with accident victims.
Insurance companies do not work for you (or your lawyers) in the adversarial system. They will rarely help you better understand your legal rights. In many cases, they do not even understand your legal rights. If your injuries are significant, there are several reasons why a good personal injury lawyer can help you. When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways. A good lawyer will seek every category of damages that applies to your case and find ways to support those damages with evidence that will be admissible in court. The threat of trial itself adds to your bargaining power. Make no mistake: the insurance company knows that it's almost impossible for an individual to take a serious injury case to trial without an attorney.
3. When should I hire a personal injury attorney? (FAQ-3)
You should retain a California personal injury lawyer as soon as possible after your accident. Unfortunately, after being seriously injured in an accident, you are immediately placed at a distinct legal disadvantage. While you are preoccupied dealing with your injuries and resulting financial concerns, the party at fault in your accident has notified their insurance company, who begins to work against you. Accordingly, if you are an accident victim in California, you should protect your legal rights by contacting an experienced personal injury lawyer who has experience handling personal injury accidents.
Our office will often get cases where some time has elapsed between the accident and the client's retention of our office. More frequently than not, the client has made mistakes in positioning their case that would not have been made if they spoke first to a competent California lawyer who understands the many nuances involved in the handling of personal injury cases. Your accident attorney will often arrange for an investigator to take pictures of the accident scene, take statements from witnesses and preserve any physical evidence. You want to make sure that all relevant evidence is preserved and not inadvertently destroyed or lost. Your lawyer should also ensure that you comply with statutes of limitation and other legal requirements that could potentially bar your lawsuit. Unfortunately, there are times when we consult with potential clients that thought they could handle the claim alone and it turns out the case is beyond repair. 4. Should I get a second opinion if an attorney thinks I do not have a case? (FAQ-4)
Absolutely. Different lawyers will see a potential case differently. Some California lawyers may not be familiar with the type of case or may not be willing to spend the time and money required - which can be substantial - to get your personal injury case ready for trial. If your case is rejected by one lawyer, it is always a good idea to seek a second opinion from another lawyer if your case is not accepted by one or more attorneys. We have obtained quality results on cases that were rejected by numerous other California attorneys.
1. Why should I pick you over any other law firm? (FAQ-1)
The simple answer is that our office produces results for our clients. Our firm also places the highest premium on service to our clients. Our office staff and attorneys return client's calls and emails, we keep them informed and spend the time with them to make sure they understand what our lawyers have done for them and why we have done it. Take a look at the rest of our website, from past case results to our attorneys' personal resumes to get an idea of what our firm can do for you.
2. Do I have to pay you any money when I hire you? (FAQ-2)
No. In fact, you never pay our attorneys fees out of your pocket. Tryk Law is a 100% contingency fee personal injury law firm. Our law firm is compensated only if we obtain a financial recovery for you. In fact, if you do not recover anything from your accident and we spend money preparing your case, it is on us and you owe us nothing.
3. What geographic areas do your lawyers take cases from? (FAQ-3)
Tryk Law primarily handles Personal Injury Cases in California with a concentration in the Central Valley and Fresno County. However, we are currently handling matters in 8 different counties Statewide.
4. Do your lawyers handle divorce, criminal or workers' compensation cases? (FAQ-4)
Our lawyers focus exclusively on personal injury accident cases, specifically car accident, truck accident, premises liability, dog/animal bites and attacks, motorcycle accidents and other types of matters where a person has been injured due to the negligent or intentional conduct of another person entity. If you need assistance in these areas you can call us at 559-840-3240
For other areas of practice, such as workers' compensation, divorce, social security disability and immigration, we regularly refer such cases to a number of quality California attorneys who handle these types of cases. If you need such a referral, our office staff will be glad to give you a list of California attorneys we think would be suited to handle the legal issues presented in your case.