IS THERE GREED? THE STIGMA OF PERSONAL INJURY CASES
You should never feel embarrassed if you must make a personal injury claim. When someone has injured you in a car, motorcycle, 18-wheeler or boat crash, you are a victim. Louisiana law provides protection and rights for you. Remember, you did not ask to be involved in a crash, nor to suffer injuries, incur medical bills and possible have lost wages. So what are your rights?
When someone was negligent and has injured you, you have certain rights. In Louisiana, our state laws provides that you have the “right to be made whole.” What does “made whole” mean? It is simple – putting you in the place you were in moments before the crash:
• Repair or replace your car for fair market value
• Pay you medical bills for the past and if there are any anticipated future bills, provide you money to cover those expenses
• Pay your lost wages
• Compensate you for your pain and suffering
That seems fair, right? Cover your out-of-pocket losses. Make sure you don’t miss a pay check. And since there is no way to know the value of your pain, a judge or jury decides that, not you.
So where do all of these big numbers come in? With big injuries – life altering and career ending injuries that required lots of past medical treatment and have a need for future medical treatment. Wage losses – if you are not able to return to work or can’t maintain the same job that you once had because of your injuries from the crash, those numbers add up quickly. For example:before the crash you were making $40,000 per year and are 30 years old. You have a work life expectancy of 42 more years. But after the crash and due to your injuries and physical/mental limitations, you are only able to work part-time and can make $20,000 per year… let’s do the math:
$40,000 - $20,000 = $20,000 per year loss
$20,000 per year loss x 42 years left of work life = $840,000!!
See how quickly life can change? Because someone was not paying attention you are injured. You have medical bills; you have lost wages; you have a wrecked car; you are the one who misses out on opportunities because of this crash; you hurt both physically and mentally. So is it wrong to ask the at fault driver’s insurance company to help “make you whole?” NO. It is your right to do so. And what is the reason people have insurance? In case something happens.
Will the insurance company immediately treat you fairly? Do you know the full extend of your injuries and will you know if there will be any permanent limitations shortly after the crash? The answer to both is NO. This is why you should never rush to decide until you have spoken with a skilled personal injury attorney, like me.
You are not greedy for asking to be treated fairly. Who is looking to not pay you a fair amount without someone there to protect you? The insurance companies. The insurance companies are always demanding rate increases and blaming people like you, those who have been injured, as the reason for those rate increases. Many auto insurance companies have reported profits in the billions. Several of the top insurance companies pay their CEO’s tens of millions of dollars in bonuses above their base multimillion dollar salaries. I wonder what would happen if they were in your shoes, would they also want to be treated fairly? They would demand to be treated fairly.
While profitability is key for sustainability of these insurance companies, it is critical to remember the balance between corporate gains ($$$) and your interests. These significant profits year over year and their significant rate increases don’t match with the narrative the insurance companies are spreading around. You, the injured person who is just asking to be treated fairly, are not the reason rates are continuing to rise.
Remember, you are making an insurance claim for injuries and losses you did not ask to receive or incur. You just want to be treated fairly. You are not suing the person, you are pursing a claim against the at fault driver’s insurance policy. If you file suit, guess who will pay the dollar amount the jury says you are entitled to? Insurance companies. If you settle with the “other side” guess who pays that dollar amount? The insurance companies. Drivers buy insurance in case they are ever in a crash and injure someone. It is the agreement that we all have with our auto insurance companies – if I am responsible for injuring someone, I want my insurance company to protect me by covering the other person’s losses up to the amount of coverage. The insurance company agrees by accepting your premium and providing you insurance coverage.
Bottom line, you are protecting yourself by asking for what is fair. The insurance companies are only interested in profits and not you, so they will do all they can to shortchange you and pay you less than what is fair. Don’t be intimidated by ads that say plaintiffs are greedy. Make sure you are treated with respect and get the fair amount you deserve.