Personal Injury Matters

Serving Montgomery County and the Surrounding Maryland Communities

Personal Injury Matters

Being injured in an accident is a devastating event...

Being injured in an accident is a devastating event in any one's life no matter if it the injury is minimal and it is hoped that limited time would be necessary to fully heal and/or recover. Unwanted pain, suffering and inconvenience is never desired.

And dealing with insurance companies can be as equally aggravating and difficult. Some of the questions you may need to know include "Can I trust the insurance adjuster? " and "What happens if I say the wrong thing, will my claim is denied? " may be of concern to you. And that is where the Law Offices of Stephen F. Allen, P.C. is ready and able to assist to protect you and your claim to secure fair and reasonable compensation for your injuries, loss of employment, property damage, etc.

You need to remember that Insurance companies are "for profit" businesses that are not necessarily eager to pay out money on claims and despite their advertisements, are not going to see your claim as your own family or friends. Even your own insurance company will not honor your claim if it is not within its contractual obligations to do so which will be determined by your coverage and insurance policy. As such, you need to be careful in communicating the details of your matter to anyone including insurance company until you have discussed the situation with your own lawyer. It is a good practice to always be careful when discussing anything personal and/or involving a financial matter such as a claim. For what you communicate in haste, could be misstated unintentionally by your and/or misunderstood.

You cannot expect that any person or company will give you the benefit of the doubt when a financial claim is being made or filed. That is where an experienced attorney can be of great assistance to you in reviewing all of the facts and law to ensure that any statements provided to anyone including an insurance company or adverse party are clear and are in support of your financial claim.

The Law Offices of Stephen F. Allen, P.C., has over thirty (30) years handling personal injury claims. Our attorneys allow our clients the freedom to be solely concerned with their own medical treatment and recovery while we take care of preparing and/or l mitigating your personal injury claim when you eventually obtain what is called maximum medical improvement (MMI), so that the full value of your personal injury claim be understood to obtain the most favorable resolution. For most negligence claims, you have up to three (3) years to negotiate a claim before having to file a lawsuit in Court. For claims as result of intentional actions such as an assault, you may only have one (1) year to file a claim or it could be waived.

For a free initial consultation with one of our lawyers, contact us at (301)987-2002. There is nothing to lose and everything to gain. Do not wait as certain legal rights may be waived. Call us now.

Additional factors that are worthy of consideration include but are not limited to the following to ensure the most favorable result in your personal injury claim.

1. Do not discuss your case with anyone other than your lawyer or its employees. If anyone desires information regarding this accident, please ask them to contact your lawyer's office. If you receive any checks from an insurance company payable to you and/or correspondence in the mail regarding your claim that is not generated by your lawyer's office, send it to your lawyer's office.. Some insurance adjusters and/or insurance companies have tried in the past to send out settlement checks to unaware claimants in the hope that once cashed, the minimal money offered settles the claim. Do not cash any checks you may receive from anyone as it could waive or settle your claim by mistake.

2. Be sure to send your lawyer all receipts, canceled checks, bills, and other papers pertaining to medical treatment, vehicle replacement/repair costs, loss of earnings, damage to personal property and any papers showing expenses connected with your case.

3. If you have any other accident, injury or illness, notify your lawyer immediately.

4. It is best to begin keeping a diary of your pain, suffering, and inconvenience. Any difference in your lifestyle as it existed before the accident, and as it exists from now on, might be extremely significant should this matter proceed to trial. Better to be too detailed than not detailed enough. Physical pain and suffering is important in the negotiations and/or trial of claims of this nature. Aggravation, humiliation, inconvenience, etc., due to no fault of your own is no less important than physical injury and pain.

5. Photographic evidence of your injuries, property damage, and of the scene surrounding your accident is essential to helping to secure favorable results in your personal injury claim. If you are unable your lawyer can make arrangements to have a professional photographer or investigator gather our evidence.

6. As you are likely treating with one or more medical providers (physician and/or a chiropractor) for your accident-related injuries, important to let your lawyer know the names, addresses and telephone numbers of any and all medical providers you have or with whom you intend to seek treatment. Your lawyer I will eventually contact them to request full and complete copies of all of your records and billings concerning your medical treatment. Your medical providers may be requested to submit a written report summarizing their current diagnosis, the treatment you received and the future prognosis including an estimate for future medical costs. Notify your lawyer once your medical provider has informed you that you have reached medical maximum improvement (MMI) and ends your medical treatment and/or physical.

Because anything and everything you tell your medical provider could possibly be included in their official record of your case, you need to be absolutely sure not to express or give an opinion specifically as to how well you feel, the “good” progress you believe you are making, and/or anything you have discussed with your lawyer regarding the facts of your case and/or trial/negotiating strategy. You may feel great on the day of your treatment visit but actually experience pain for the next few days, weeks or months as this often occurs in the healing process. Such statements, however, could be used unfairly by the insurance company to limit and/or contest the extent of your personal injury claim to reduce its value. Remember, an insurance company will only pay what it thinks is reasonable as it is a "for-profit business. It is also important not to discuss and/or even advise your medical provider about your decision to make a personal injury claim and/or retaining a lawyer. This has nothing to do with your medical treatment or your health insurance and could be included in your medical records to your claims detriment.

After you have reached MMI, your lawyer will re4quest and receive your complete medical records, billings and/or reports after you have been discharged from ongoing medical treatment. At that time, your lawyer will put together a settlement or demand package which will be submitted to the responsible party's insurance company. This claims package will consist of a letter outlining the facts of the accident, the medical expenses incurred to date, any other damages you may have received (lost wages, property damage, etc.,), along with a settlement offer that will be discussed with you in advance.

A period of negotiation will ensure. If an acceptable settlement or your claim is achieved in your case, the insurance company will forward a settlement check to your lawyers office and a Release form that you need to sign to close our your claim. Your lawyer will create a Settlement will contact you upon receiving these documents and arrange a meeting whereby you can come into my office and sign the draft and release. Or, if that is not possible, the draft and the release can be mailed to you.

Also at that time, I will issue you a check from my attorney-client trust account for the amount of the settlement less my attorney's fees and costs (pursuant to our retainer agreement) and any liens asserted by your health care practitioners. At that time, you will receive a written accounting of all monies received and paid out on your behalf during the course of your claim. Please be aware that my fees, any doctor's liens or other bills due will be paid directly from your settlement proceeds. If a satisfactory settlement agreement seems unlikely, I will contact you to discuss your options, which may include the filing of a lawsuit in this matter.

As this law firm is expending a significant amount of time on this matter and will only receive fees based upon a favorable resolution, it is required that you follow all the directions in this letter. Please know that failure to do so at any time will cause a conflict of interest to be created with this law firm and may result in this firm withdrawing its representation.

Finally, it is important that you are aware that in the State of Maryland, if a person wishes to pursue a claim against another person for negligent and/or intentional actions, a lawsuit must be filed within three (3) years from the date of the incident.

In motor vehicle accidents, there may be insurance advisable to help you with medical and/or loss wages called Personal Injury Protection (PIP) Benefits. A claim for these benefit s have to be filed within one (1) year from the date of the incident. Your lawyer will aide you in filing for these benefits. It is recommended that you not allow your medical provider to access these benefits so be sure not to sign over your rights to them in the many forms you may be asked to sign.

There may also be limited Personal Injury Protection Benefits (PIP) for lost wages/medical bills especially in automobile accident cases or medical reimbursement insurance (Med Pay) in types of claims that may be available and a claim must be filed for these limited/no fault type benefits within one (1) year. You need to discuss with your lawyer f this coverage is applicable to your situation and request in writing if you want me to pursue a claim. If your specific claim has not been, or cannot be, settled within these time periods, I will discuss with you the filing of a lawsuit on your behalf to protect your claim. Please calendar these expiration deadlines and alert me before expiration to ensure these are not missed.

If you should relocate your residence or change your telephone number at any time during the course of your case, you need to advise your lawyer as soon as possible to ensure proper communication

Allen Law Center
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Handling all matters in all Maryland Counties and the District of Columbia

Protective/Domestic Violence

In a Protective or Domestic Violence claim, a Petition is filed by the person asserting they have been wronged.
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