When you've been injured in an accident your concerns aren't limited to the actual pain caused by the injury.  You're also concerned about the cost of getting well, the long term effects of your injury, and whether you can take care of all these things without assistance.

This information is provided for you by the Law Office of Mike McElvain.  He has assisted people in getting fair settlements for personal injuries for 30 years.  His clients always receive more than they would have if they tried to settle the claim themselves.  He's an aggressive litigator for those who've been injured.  You will benefit from his experience.

Why do I need an attorney for a personal injury claim?

You'll receive more money in your pocket by working with an attorney than you would if you negotiated directly with the insurance company.

An experienced personal injury attorney knows how much money you can expect to receive for your injury under the law once familiar with your case.

An experienced attorney can evaluate your claim and explain it to you so that you can understand it, too.  Your lawyer can help you make an informed decision about your case, negotiated with the insurance companies, handle the paperwork, arrange for hearings, and try your case, if necessary, to get fair payment.

Without an attorney, you won't understand how to calculate the amount you're entitled to receive.  Without a lawyer you can't file a claim if the insurance company offer doesn't seem fair to you.

If you work with an attorney, you'll be sure your settlement is fair and have less doubt whether you could have received higher compensation.

How much will it cost to hire an attorney?

The usual fee for personal injury cases is known as "1/3 contingent fee".  If there is a recovery (settlement), your attorney receives 1/3 of that amount as the legal fee.  If there is no recovery, you pay no fee.  All expenses for medical records which need to be ordered from doctors or hospitals are advanced to you out of the attorney's funds and these expenses are deducted from your share of the final settlement.

You and your attorney will discuss your case, agree to work together, and sign a contract before beginning a claim process.

After an auto accident, should I deal with the insurance companies?

No.

The other driver's company probably will contact you soon after the accident.  The purpose of this call is to keep you from calling an attorney.  An adjustor may offer to advance small sums of money to you for medical expenses and ask you to give a recorded statement in your home.  Giving out this statement is never to your benefit.  It can't help you and it may hurt you if the case goes to trial.  A statement should never be given to an insurance adjustor in a personal injury claim.

Adjustors want to settle claims as quickly, and as cheaply, as possible.  Insurance adjustors for the negligent party aren't working for you.  They want to pay you as little as possible.  Every dollar you should receive, but don't, is insurance company profit.  Someone paid premiums so you would get full compensation.  Don't feel guilty about getting the money that has already been set aside to benefit you.

If you have collision insurance coverage, you should have your car repaired through your own carrier.  If the other driver was at fault, your company will recover their money from the other driver's company.

If you have no collision coverage you may be required to deal with the other driver's insurance adjustor to receive the needed money to repair your car.  There is no harm in working with the adjustor on the automobile damage claim, but don't discuss the personal injury aspects of the case with this adjustor or sign anything regarding the personal injury claim.

What can I do to help get the claim resolved?

Keep Mike informed about any treatment changes your doctor prescribes.  Get well and return to work as soon as your doctor says you're physically able to do so.  Describe your condition to your physician as accurately as possible and follow the doctor's advice.  Keep good records and give them to Mike.

Once treatment is complete and you have been released for your doctor's care, call Mike and you can begin the final settlement procedures.  Nothing can be concluded until medical care is complete.

When will we ask for a settlement?

We will request a settlement when:

  • The doctor has released you from care or allows you to return only as needed.

  • You have started back to work or it has been determined that you can no longer work.

  • Your medical records and work wage loss records are completed and your lawyer has them.

  • You and your attorney has thoroughly discussed the problems and disabilities caused by the accident and you agree upon a settlement amount.

When these four items are complete, your attorney will demand a settlement.  At that time, either the insurance company will settle or a suit will be filed.

Why is Mike McElvain the best choice for my personal injury case?

He gets you the settlement you deserve for your injury.  Mike McElvain has 30 years of successful experience working for personal injury clients.

Mike explains the personal injury claim process to you clearly so that you understand your case and can make wise, well informed decisions about settlements.

He negotiates with the other insurance company, getting the best possible settlement for you and freeing you from adjustors who ask for statements and pressure you to settle before you are well.

Mike collects the pertinent information from the doctors and hospitals so that you don't have to worry about missing an important piece of information which could adversely affect the outcome of your case.

He aggressively pursues a fair settlement through the courts if necessary.  He wants you to receive a fair compensation for your injury and will fight to get that for you.

Most of all, you'll feel better, knowing the legal, insurance, medical records, and financial parts of your injury claim are under control.  Guesswork costs you money and time.  Mike McElvain takes the "guessing and hoping" out of personal injury claims.

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