Thorson Switala Mondock & Snead LLP FAQs

The insurance company sent me a medical authorization. Should I sign it? 

If you have not hired a personal injury lawyer to represent you, the insurance company will want you to sign a medical authorization. It is a common practice by the insurance companies to send blank medical authorizations in order to acquire medical records from any medical provider who has ever treated you. A blank medical authorization provides the insurance company a free pass to discredit your personal injury claim by pointing to your prior medical history. Our personal injury attorneys will protect you from this invasion of privacy and provide only those records we deem relevant to the personal injury claim. 

The insurance company wants me to give a statement. Should I talk to them?

Often the insurance company will request that you provide a verbal statement that may be recorded. Insurance adjusters are trained to elicit answers that are used to deny or limit your personal injury claim. Our personal injury attorneys will ensure you are well prepared to give a truthful statement and avoid the insurance traps that many unrepresented people get caught in. Contact our personal injury lawyers before you speak to the insurance company.

The car accident wasn’t my fault. Should I still report the accident to my auto insurance company?

Your auto insurance policy contains a provision that requires the insured to report potential claims within the time frame specified in the policy. Most auto policies provide benefits even if the accident is not your fault. Medical Payments Coverage pays medical expenses incurred as a result of an accident. Uninsured and Under-insured Motorists Coverage provides additional insurance coverage if the negligent party had no insurance or not enough insurance to fully compensate you. Contact us today to see how your own auto insurance policy can be used to maximize your recovery from a car or truck accident.

The hospital sent me a bill after my car accident. Am I responsible for paying it even if I’m not at fault?

Unfortunately, the bill is your debt even though it was incurred by no fault of your own. Ultimately, the liability insurance company should be responsible for all medical expenses incurred as a result of the accident. However, the liability insurance company will not pay “as you go.” Even if the hospital or doctor invoices the liability insurance company, they will not pay the medical provider before there is a settlement. That is, medical bills are only paid by and through an all-inclusive settlement. Call our personal injury lawyers today to find out what alternatives are available to have bills paid before your claim is settled and keep your credit in good standing.

I still don’t feel better. Should I settle with the insurance company before my treatment is complete?

Many insurance adjusters will try to settle your personal injury claim before you have received medical treatment or before your treatment is complete. Once you sign a Release of claims or verbally agree to a settlement, the insurance company is no longer obligated to compensate you for future medical treatment, lost wages, and pain and suffering. Before you sign a Release or verbally agree to a settlement offer, speak to one of our personal injury lawyers to understand your legal rights.

I’m afraid to go to court. Do I have to file a lawsuit?

Most cases are settled directly with the insurance company before a lawsuit is ever filed. While most cases can be settled out of court, being represented by an attorney provides leverage against the insurance company trying to strong-arm a settlement for an unfair amount. Our injury attorneys will provide you with guidance to determine if a settlement is fair or whether a lawsuit is necessary.

Do I file a lawsuit against the negligent party or their insurance company? 

A lawsuit is filed against the negligent party who caused you the harm. The Defendant’s insurance company will provide an attorney free of charge and pay any settlement or judgment up to the policy limit chosen by the insured. Personal injury clients are often surprised to learn that Ohio Rules of Evidence prevent the jury from knowing the defendant has insurance in most instances. Contact one of our personal injury lawyers to discuss whether filing a lawsuit is appropriate in your case.

Do I need to pay the medical bills from my settlement? 

Settlements are generally all-inclusive. Outstanding medical bills, subrogation and reimbursement claims by health insurance companies, Medicare and Medicaid have to be satisfied from the settlement. Do not settle your claim unless and until you know what bills are outstanding and if any other entity has made a claim or asserted a lien against your settlement. It is not wise to accept a settlement before you know what your will “net” in your pocket. Our personal injury lawyers will provide a full breakdown of any settlement offer, so you know where every penny is going, including attorney fees and expenses.

Can I keep my claim open for future medical expenses after settling with the insurance company? 

A settlement is a contract. You are accepting a sum of money in exchange for forever releasing the negligent party and their insurance company from further liability to you. Settlements are forever and legally binding. Before you sign a Release or verbally agree to a settlement offer, understand that future medical bills, lost wages, and pain and suffering will not paid. Contact us before you agree to any settlement.

Can my health insurance company assert a lien against my personal injury settlement? 

Health insurance companies often claim a “lien” against your personal injury settlement in order to be reimbursed for medical expenses they paid as a result of the accident. Whether the health insurance company can legally assert a lien or otherwise has a valid claim to reimbursement is determined by the language of the health insurance policy. A personal injury attorney can help determine if you are obligated to reimburse them and can often negotiate the lien down should you be required to pay.

Why does my auto insurance or health insurance company get part of my personal injury settlement?  

When someone other than the at-fault party pays a medical expense from a personal injury claim, that person or entity has a subrogation claim. Subrogation means the payer “stands in your shoes.” Whether a subrogated party has a right to be reimbursed (or to what extent) from a settlement is often in dispute and subject to the interpretation of the client’s insurance contract. Contact one of our insurance subrogation attorneys to discuss your obligation to reimburse a subrogated party.

Is compensation for personal injuries settlements taxable?

Generally, no, but it is best to talk to a tax attorney or accountant for your particular situation as certain elements of damage are taxable. You can also view an IRS publication concerning taxes and personal injury settlements here: Settlements Taxability.

I was injured in a fall on another’s property. Is the property owner liable? 

Like all injury cases, the injured person bears the burden of proof. Most people are surprised to learn that just being injured on another’s property is not enough to be compensated for medical bills or other damages. You must prove the hazard that caused the injury was not “open and obvious” as the public has a legal duty to avoid dangers that a reasonable person could perceive. In addition, you must prove the property owner knew or should have known the hazard was present prior to your injury. Premises liability claims are difficult because of the legal hurdles that a person must first prove. Call our Dayton slip and fall attorneys to see if you have the facts to win your premises liability case.

I fell on ice or snow. Is the property owner liable for my injuries? 

Whether the ice/snow was a natural or unnatural accumulation will determine whether a valid claim can be made. Ohio law provides that property owners are not liable to those injured by falls on natural accumulations of ice and snow. Natural accumulations are caused by nature versus man-made accumulations (unnatural). We have successfully argued that faulty downspouts, improper drainage, and other human interventions can create unnatural accumulations of snow/ice. Contact our slip and fall lawyers to see if a property owner could be liable for your injuries due to snow or ice.

My child was bitten by a dog. Is the dog owner liable? 

Ohio Revised Code Section 955.22 makes the owner, keeper, or harborer of a dog strictly liable for injuries it causes to another. Dog owners are generally protected by their homeowner's insurance or renter's insurance, which covers injuries from dog bites. Insurance coverage can be excluded under some circumstances, and defenses to attacks do exist, including negligent supervision by a parent. We have fought insurance exclusions, so our clients receive the compensation they deserve for the emotional and physical scars inflicted by a dog. Our dog bite attorneys seek maximum compensation, including the cost of future scar revisions, if appropriate. Call our law firm today for a free consultation to see how we can help.

Contact Thorson Switala Mondock & Snead LLP if you have any other questions or would like to schedule a free consultation.