Frequently Asked Questions
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What types of personal injury accidents require plastic surgery procedures?
Some of the more common incidents that cause injuries needing reconstruction surgery include:
- Car accidents (fractures or shattered facial bones)
- Dog bites
- Motorcycle, Bicycle, or Pedestrian accidents (large area of skin abrasions, road rash)
Can I pursue damages for plastic surgery in my personal injury case?
While plastic surgery is typically seen as an elective procedure for people who choose a procedure for aesthetic purposes, there are situations where a victim may require plastic surgery in order to reconstruct an area that was injured and damaged in the incident. If the procedure is deemed medically necessary, then your personal injury attorney can include this procedure as one of the medical expenses you should be compensated for.
What can happen to a patient if contaminated medical instruments are used on them?
- Infections, including hepatitis, HIV, and syphilis
- Longer recovery period
- Loss of limbs
- Organ failure
What events can cause unsanitary instruments?
- Deficient sanitization procedures and policies
- Failure of staff to follow procedures and policies
- Improper packaging and/or storage of medical instruments
- Multiple use of one-time use medical instruments
- Using instruments before they have been sanitized
What happens if medical instruments are not sanitized properly?
It is critical for any medical instruments being used on a patient to be properly sanitized. Failure of this procedure can lead to cross-contamination of infections and diseases from patient to patient, causing serious illness and even death. The Centers for Disease Control and Prevention (CDC) recommends that all surgical instruments be brought to a central facility to be sanitized, not in the medical facility itself.
What are reasons why an insurance company would act in bad faith in a personal injury case?
There are a number of reasons why an insurance company would try to violate the terms of the customer’s insurance policy. Although there are instances that there was a processing error, in the majority of these situations, the company will deny a valid claim in order to try to avoid paying the victim damages for the losses they suffered and that they legally are entitled to. Whenever there is bad faith on the insurance company’s part, the victim can pursue litigation through the court system.
When can an insurance company legitimately deny an injury claim?
An insurance company is legally allowed to reject an injury claim – in good faith – if it can cite grounds that are described under the terms of the customer’s policy. For example, if the customer’s insurance policy only covers damages to vehicle repairs and not any injuries a victim may sustain, the insurance company can legally reject any injury claims.
What is insurance bad faith in a personal injury case?
Insurance bad faith happens when the insurance company fails to honor an insurance claim that qualifies under the terms of the customer’s insurance policy. When the company has no legitimate reason for denying the claim, this is referred to as insurance bad faith.
What happens after a demand letter is sent to the at-fault party in a personal injury case?
Once the at-fault party’s insurance company has received a demand letter from a victim’s injury attorney, one of the following will happen:
- The insurance company will accept the demand outlined in the letter and settle the case.
- The insurance company will counteroffer an amount of financial compensation for the victim’s losses.
- The insurance company will deny the victim’s claim. At this point, the victim’s injury attorney will file a lawsuit petition with the court in order to litigate the case.
What information should be included in a demand letter in a personal injury case?
The demand letter should include:
- The relevant facts of the case, basically telling the victim’s side of the accident
- All of the damages the victim has sustained because of their injuries, including medical expenses, loss of income, pain and suffering, emotional anguish, scarring, and any other losses the victim has experienced.
- A statement of fault, detailing the other party’s negligent or reckless actions. The statement of fact should include all the evidence that has been collected against that party, including police reports, photographs, and medical reports.