Patton and Patton

What to Do After a Car Accident

Matt Patton — Thu, 24 Apr 2025 20:22:04 +0000

What to Do After a Car Accident: A Step-by-StepGuide

A car accident can turn your day upside down in an instant. Whether it’s a serious collision or a minor fender bender, the steps you take immediately afterward can make a big difference—especially if you need to pursue an injury claim later. Here’s a list of things every driver should remember after an accident.

Always Call the Police

No matter how minor the accident seems, it’s important to call the police. An official police report provides crucial documentation of the accident, which helps protect your rights if there are disputes later. Insurance companies often rely heavily on police reports when determining fault.

Without a report, your case may become a matter of conflicting stories—and that can make it much harder to prove what really happened.

Get Guidance On Your Case

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Take Photos of Everything

Photographs are some of the most important evidence you can collect at the scene. Use your phone to take pictures of:

Damage to all vehicles involved
The accident location, including intersections and road signs
Vehicle license plates
Any visible injuries

Having clear visual evidence helps document the facts of the accident and supports your version of events.

Avoid Giving a Recorded Statement to the Other Insurance Company

It’s common for the other driver’s insurance company to call and ask for a recorded statement shortly after a crash. However, it’s best not to provide one without speaking to a lawyer first.

Insurance adjusters are trained to ask questions that may limit the value of your claim or shift blame. Politely decline the statement and instead consult with a personal injury attorney to understand your rights and how best to proceed.

Identify and Record Witnesses

If anyone witnessed the accident, try to collect their name and contact information at the scene. Third-party witness statements can provide powerful, objective support for your case. Insurance companies and courts place a high value on independent observations that confirm how the accident happened.

Be Aware of Insurance Company Tactics

In comparative fault states like Kansas, insurance companies may try to shift partial blame onto you—even in situations where the other driver clearly caused the crash. This tactic can reduce the amount of compensation you’re eligible to receive.

It’s important to recognize this strategy early on. Thorough documentation, witness statements, and legal support can help counter these attempts and strengthen your case.

Final Thoughts

Knowing what to do after an accident can save you time, stress, and money. Always prioritize safety, document everything you can, and avoid discussing the accident in detail with the other driver’s insurance company until you’ve spoken with an attorney.

If you’ve been injured in a car accident in Kansas or Missouri and need legal guidance, the team at Patton and Patton is here to help. Our family-run firm has over 40 years of experience handling personal injury cases—and we’re committed to helping you get the justice you deserve.

You've Been Injured In An Accident. What Now?

Our free book gives you the legal guidance you need to make smart and well thought out decisions and make sure you’re not losing thousands of dollars.

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Should I Choose a Chiropractor or Physical Therapy For My Sciatica?

Matt Patton — Mon, 27 Mar 2023 20:47:57 +0000

If you are experiencing intense lower back or leg pain, you might be dealing with sciatica. This condition is caused by compression of the sciatic nerve, which runs from your lower spine to your feet. It can result in shooting pain along the path of the nerve, making even small movements quite uncomfortable. If you’d like to know more about the causes, symptoms and diagnoses of sciatica, see the end of this article. You may experience sciatica for any number of reasons, including auto accidents. If you are the victim of an auto accident and would like a free consultation with an experienced attorney, contact us at 785-370-0001. There’s no wrong answer when it comes to choosing a chiropractor vs physical therapy for sciatica treatment. Each can provide relief from sciatica, and each has their strengths and weaknesses. Read on to find out the specifics.

Chiropractic Care for Sciatica

For many people, chiropractic care can provide relief from sciatica. Here’s what you should know about using a chiropractor to eliminate sciatica.

Benefits of Choosing a Chiropractor Instead of Physical Therapy for Sciatica

Regarding sciatica treatment, chiropractors have a lot to offer their patients. They can provide targeted adjustments in areas causing nerve compression and use other means, such as massage therapy, stretching, and corrective exercises, to help these areas heal and alleviate pain. Additionally, chiropractors focus on long-term healing rather than short-term symptom relief with medication or invasive surgery, which can be helpful for those who want to avoid pharmaceuticals or who need an ongoing solution.

Risks and Drawbacks of Treatment with a Chiropractor vs Physical Therapy for Sciatica

As with any form of treatment, some risks and drawbacks are associated with seeing a chiropractor for sciatica. These might include adverse reactions to manipulation (such as fatigue, pain, or headache); risk of further injury if adjustments aren’t performed correctly; potential lack of insurance coverage depending on the method used; the possibility that underlying issues are not addressed; and cost if you don’t have insurance coverage for visits. While these factors should undoubtedly be considered when deciding whether or not you want to pursue this treatment route, they shouldn’t necessarily discourage you if you believe it could benefit your situation.

Overall, choosing a chiropractor to treat sciatica can benefit those looking for an alternative way to manage this painful condition without taking medication or having invasive surgery. However, before beginning any treatment plan, discuss your particular case with your doctor to understand all the pros and cons of pursuing this form of therapy before making your decision.

You’ve Been Injured In An Accident. What Now?

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Physical Therapy for Sciatica

Physical therapy may offer a safe and effective way to reduce symptoms while improving mobility when dealing with sciatica. Here’s what you should know about using physical therapy as a treatment option for sciatica.

Benefits of Using Physical Therapy Instead of a Chiropractor for Sciatica

Physical therapy is an excellent alternative to more invasive treatments like surgery or medication when managing sciatica. Physical therapists can provide targeted stretching and strengthening exercises that help relieve pressure on the nerve and reduce inflammation of affected areas. They also work with their patients to improve flexibility, making daily activities easier to perform without exacerbating pain. Additionally, working with a physical therapist gives patients access to other beneficial treatments such as heat/ice therapy, manual manipulation, ultrasound therapy, electrical stimulation, and massage, which can be used in addition to exercise to relieve sciatica.

Potential Risks of Physical Therapy vs a Chiropractor for Sciatica

As with any medical procedure or form of treatment, some potential risks are associated with using physical therapy for treating sciatica, including aggravation of underlying issues; further damage from incorrect techniques used on affected areas; possible joint instability caused by over-stretching, etc. Therefore, it’s essential that you choose a qualified physical therapist who will take your particular case into account before beginning any type of program.

Overall, physical therapy has proven effective at relieving many people’s symptoms of sciatica. With proper guidance from a qualified professional using specialized techniques customized for your individual needs—as well as combining this form of therapy with heat/ice therapies and medications if necessary—it’s possible to experience significant improvements in comfort and mobility.

Chiropractic vs Physical Therapy for Sciatica Treatment

Here, we will compare the two options—including cost, time frame for results, and level of patient involvement—so you can make an informed decision on whether you wish to pursue one of these options.

Cost Comparison of Chiropractor vs Physical Therapy for Sciatica

The cost is one of the most significant factors to consider when looking into any medical treatment. Generally speaking, chiropractic care is often not covered by health insurance, but physical therapy may be covered at least partially by health insurance. However, this depends on individual circumstances—like whether or not you have a particular type of plan—so always check with your provider before pursuing any treatment plan.

Time Frame for Results of a Chiropractor vs Physical Therapy for Sciatica

Regarding how long it takes to complete treatment from either chiropractic care or physical therapy, this can vary depending on the individual’s body and how severe their sciatica is. Physical therapy programs may take 4 to 12 weeks or more to complete. Cleveland Clinic states that in a typical case, sciatica can often be resolved within four chiropractic treatments.

Level of Involvement by Patient Comparison of a Chiropractor vs Physical Therapy for Sciatica

When comparing physical therapy versus chiropractic care in terms of patient involvement, it really comes down to personal preference. For example, some patients may prefer the more hands-on approach used by physical therapists, where they directly treat affected areas. In contrast, others may enjoy the low-impact manipulation used by chiropractors, which helps gently realign joints without putting strain on certain parts of your body. Ultimately it all depends on what works best for each patient, so it’s important to discuss both options with your doctor before making any decisions.

Both chiropractic treatment and physical therapy offer promising solutions for managing sciatica pain. Still, pros and cons are associated with each option that should be considered before committing to one path over another. Consider costs, time frame for results, and level of involvement/comfort level before deciding which route to take in treating your condition.

How Sciatica Can Affect Your Personal Injury Claim

If your sciatica is the result of an auto accident or other type of personal injury claim, there are certain ways it can affect your claim. For example, duties under duress and loss of enjoyment are two ways sciatica can affect your claim. If you are the victim of an auto accident and would like to chat with a lawyer about it, contact us at 785-370-0001.

Understanding Duties Under Duress and Loss of Enjoyment

Sciatica can be a debilitating condition that impairs everyday life. Sciatica can be the product of a car accident. Not only can sciatica produce intense lower back and leg pain. Some people are forced to return to work and perform their duties under duress despite sciatica. Two other elements of damages because of sciatica are loss of enjoyment and permanent impairment. Each of those mentioned above is compensable in an auto accident injury case under certain criteria. Here’s what you should know about each of these conditions regarding sciatica.

Duties Under Duress

Duties under duress refer to a situation in which a person is obligated or forced to complete specific tasks while in physical pain. For example, this can occur if the person suffers from sciatica because their ability to do their job accurately or on time may be hindered by the intensity of the pain that they experience. In this case, employers, supervisors, and/or HR personnel need to understand the effects sciatica has on an individual—such as difficulty sitting for long periods or standing up from a seated position—and take measures like providing special equipment or seating arrangements for those affected by this condition to still be able to perform their regular duties without exacerbating their condition.

Loss of Enjoyment

When someone experiences sciatica, they may no longer enjoy activities that used to bring them pleasure due to the pain and discomfort accompanying any physical activity. This often leads people with sciatica into depression as they struggle with feelings of being “trapped” in their own body since they are unable to do things that used to make them happy; however, there are ways that people can still stay active even if their movements are limited as long as they find activities like yoga or swimming (in a heated pool) which focus more on stretching rather than moving quickly or performing harsh motions which could worsen symptoms associated with this condition.

What Kinds of Damages Are Compensable in a Soft Tissue Injury Situation?

Soft tissue injuries can be difficult to diagnose and treat because they often involve more than just physical damage. They also often cause psychological trauma, such as depression and anxiety, that can have long-term effects on the victim. With this in mind, several types of damages may be compensable in a soft tissue injury situation.

Physical Damages

The most obvious form of compensable damages in these cases is related to the physical pain associated with the injury. This includes medical bills, hospital expenses, payments for any nursing care that is required, compensation for loss of wages from being unable to work due to the injury, and even permanent disability benefits, if applicable. Therefore, all of these types of damages should be included when making a claim for compensation due to a soft tissue injury.

Psychological Damages

In addition to physical damages, victims may suffer psychological trauma such as depression or anxiety due to their injuries. These emotional damages can be very real and difficult to cope with, and therefore should also be eligible for compensation when filing a claim in these cases. These may include payments for therapy or counseling sessions and any resulting medication costs—all meant to help victims recover emotionally from the experience of going through an injury caused by another person’s negligence or wrongdoing.

Losses Due To Pain And Suffering

Finally, victims may also receive some form of compensation for pain and suffering, which cannot be quantified by medical bills or lost wages alone but rather reflect the personal toll taken by the injury itself. How much compensation is received will depend on many factors, such as the severity of the pain felt during recovery time and the extent of emotional distress experienced during the process. Pain and suffering refers to the overall impact sciatica or any injury from a personal injury claim has on one’s life—so make sure you discuss all these points carefully with your lawyer before filing a claim if you feel you have suffered losses due to pain and suffering as a result of your soft tissue injury case.

In conclusion, soft tissue injuries are serious matters that require thoughtful consideration when filing a claim for compensation. While physical damages often get immediate attention when considering potential payouts, do not overlook other aspects like psychological trauma or losses due to pain and suffering, which are essential parts of recovering fully after experiencing a traumatic event like this one.

Understanding the Basics of Sciatica

To better understand and treat sciatica, knowing what causes it and how it can be managed is essential.

Symptoms of Sciatica

The most common symptom of sciatica is a sharp pain that radiates from the lower back and down one or both legs. This sensation can range from mild discomfort to debilitating agony, depending on the severity of the injury or condition causing the sciatic nerve compression. Other symptoms people may experience include numbness, tingling, burning sensations, and muscle weakness in areas affected by this nerve.

Causes of Sciatica

Sciatica is typically caused by a herniated disc or bone spur in the spine that puts pressure on the root of the sciatic nerve. Other potential causes could include arthritis, spinal stenosis (narrowing of the spinal column), pelvic misalignment due to pregnancy or childbirth, certain types of tumors in the area surrounding the nerve roots, or injury due to sudden trauma such as a car accident. If you’ve been in an auto accident and would like a free consultation, contact us at 785-370-0001.

Diagnosing Sciatica

To determine if sciatica is present and what may be causing it, doctors will perform an examination that includes physical tests to check flexibility, reflexes, and strength in affected areas; imaging scans like x-rays, CT scans, or MRIs; and possibly electrodiagnostics such as an EMG scan for more detailed diagnosis.

Treatment Options for Sciatica

Treatment for sciatica depends on its cause and severity but typically includes some combination of physical therapy exercises (to reduce inflammation and improve flexibility), stretching routines aimed at relieving pressure on nerves; medications like NSAIDs (for reducing accompanying swelling); chiropractic treatments; epidural injections; acupuncture; heat/ice therapy; or surgery in severe cases where other methods are ineffective.

Conclusion

Sciatic pain can be a tough challenge to face for anyone. Knowing the pros and cons of chiropractic treatment and physical therapy can aid in making a decision when it comes to treatment. Always consult your physician to see which treatment option may be best for your case. The good news is sciatica is very treatable and each treatment option can provide relief to get you on the road to recovery.

References:

Behring, S. (2021, July 2). Can a chiropractor help with sciatica? Healthline. https://www.healthline.com/health/back-pain/chiropractor-for-sciatica#chiropractic-and-sciatica

Can a car accident cause sciatica? (2021, February 22). AICA Orthopedics. Retrieved March 15, 2023, from https://chiropractoratlanta.com/can-a-car-accident-cause-sciatica/

Deardorff, W. (2004, October 15). Depression and chronic back pain. Spine-Health. https://www.spine-health.com/conditions/depression/depression-and-chronic-back-pain

Does your sciatica require pt intervention? 3 indicators that it might. (N.D.). Focus Physical Therapy. Retrieved March 15, 2023, from https://focusphysicaltherapyscv.com/does-your-sciatica-require-pt-intervention/#:~:text=If%20you%20are%20living%20with,in%20targeted%20exercises%20and%20stretches.

Dunkin, M.A. (2022, January 26). Sciatica pain relief. WebMD. https://www.webmd.com/back-pain/sciatica-pain-relief-options

Hands-on help: How a chiropractor can provide lower back or sciatica pain relief. (2019, April 24). Cleveland Clinic. Retrieved March 15, 2023, from https://health.clevelandclinic.org/hands-on-help-how-a-chiropractor-can-provide-lower-back-or-sciatica-pain-relief/

Mayo Clinic Staff. (2022, September 30). Chiropractic adjustment. Mayo Clinic. https://www.mayoclinic.org/tests-procedures/chiropractic-adjustment/about/pac-20393513

Mayo Clinic Staff. (2022, September 13). Sciatica symptoms & causes. Mayo Clinic. https://www.mayoclinic.org/diseases-conditions/sciatica/symptoms-causes/syc-20377435#:~:text=Sciatica%20refers%20to%20pain%20that,on%20part%20of%20the%20nerve.

Mayo Clinic Staff. (2022, September 13). Sciatica diagnosis & treatment. Mayo Clinic. https://www.mayoclinic.org/diseases-conditions/sciatica/diagnosis-treatment/drc-20377441

Opting for chiropractic care over opioids for pain management. (N.D.). Cleveland University Kansas City. Retrieved March 15, 2023, from https://www.cleveland.edu/opting-for-chiropractic-care-over-opioids-for-pain-management/

Rose, R. (2021, September 3). Sciatic nerve physical therapy: How it can help, exercises, and more. Pro PT Physical Therapy. https://pro-pt.net/uncategorized/sciatica-physical-therapy/#:~:text=Sciatica%20physical%20therapy%20begins%20with,your%20dedication%20to%20your%20recovery.

Sears, B. (2021, September 3). Here’s how chiropractors and physical therapists are different. Very Well Health. https://www.verywellhealth.com/chiropractor-vs-physical-therapy-5194093

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How to Read a Kansas Police Accident Report

Matt Patton — Wed, 01 Feb 2023 21:01:35 +0000

Car accidents are a common occurrence in the United States. In 2021, the State of Kansas, the Department of Transportation, reported 57,598 auto accidents (KDOT, N.D.). With the vast number of car accidents occurring, police accident reports are crucial to ensure that proper liability is determined. Police reports provide essential information that is needed to process a car accident situation. They contain valuable information such as witness statements, vehicle damage descriptions, and traffic citation details. This blog post will discuss the purpose of police accident reports and explain the terms used in them. If you’ve been in an auto accident and need to discuss your case with an expert, call Patton and Patton at 785-273-4330 for a free case evaluation.

The Purpose of Police Accident Reports

Police accident reports are documents used by police officers to record information about accidents they have investigated. These documents are most often used by insurance companies as evidence when processing claims resulting from a car accident. They usually include information such as time, date, location, vehicles involved, drivers’ personal details, witnesses’ contact information, diagrams of the scene, and vehicle damage descriptions. It’s a good idea to get a copy of the police accident report regardless of the severity of the accident (Forbes, 2022).

Terms Used in Police Accident Reports

There are various terms used when a police accident report is recorded. Some important terms to be familiar with are witness statements, vehicle damage descriptions, and traffic citation details. Each of these terms is described in further detail later in this blog post.

Understanding police accident reports is essential for successfully processing a car accident situation since they provide crucial evidence for use in liability cases between individuals and insurance companies.

Understanding the Process for Gathering Information from Police Accident Reports

Gathering information from Kansas police accident reports can be a difficult task. This section will discuss the process for obtaining and locating a police report, as well as explain the information needed to access it.

Steps for Obtaining a Copy of an Accident Report

Depending on where you live, there are typically multiple steps involved in getting a copy of a report. Generally, these include some combination of the following:

Submitting a request online or over the phone
- Many police departments use an online search portal such as CrashDocs or BuyCrash LexisNexis to publish their accident reports. The report can be purchased through these portals.
Paying a nominal fee via cash or check
Submitting written consent forms if you are not the primary driver listed on the report
- This is often necessary if you are trying to retrieve the report for insurance purposes instead of personal records.

It’s important to note that different countries, states, and cities may have different regulations surrounding how people gain access to accident reports. It’s best to check with your local law enforcement agency or DMV before starting this process.

The Information Needed to Locate an Accident Report

In order to locate an accident report, you must have certain pieces of information related to both the driver and vehicle involved in the incident. Generally, this includes:

The date and time of the incident
The location where it occurred
The model and make of each vehicle involved in the crash
Police Case Number
- At the time of the accident, a police officer will typically give a handout containing this police case number to all involved parties so they can reference the report later.
Which police agencies responded to the accident
- There are typically multiple agencies that could theoretically respond to an accident which include the sheriff’s department, the highway patrol, and the police department.
- If multiple agencies responded, there might be supplemental reports available from the agencies that provided support to the main investigators.

If you’re retrieving an accident report for someone else (like another driver or insurance company), then additional information, such as their full name or policy number, may also be required.

Analyzing Kansas Police Accident Reports

Police accident reports provide essential evidence for understanding what happened in the case of a car accident. This section will discuss the analysis of police reports and explain the relevant sections on them, including witness statements, vehicle damage descriptions, and traffic citation details.

Witness Statements

Witness statements contain verbal accounts of what happened during an accident. They help investigators piece together events leading up to the crash, as well as identify any other factors that could have contributed to the incident. These statements can be invaluable when sorting out liability issues between parties involved in a crash.

Other Information Available

Sometimes, the responding police department will take photographic evidence of the scene of the accident. These photos are often available to the public through a request to the records department of that police agency or through an open records request to a local governmental agency that oversees that police department. There is often dash cam and body cam footage available as well, which can be requested.

Vehicle Damage Descriptions

Vehicle damage descriptions are used to record all visible damage observed on each vehicle involved in an accident. This includes both interior and exterior damages that may impact how a vehicle operates or its safety features. Having accurate records of these damages is important for assessing any potential insurance claims resulting from an incident.

Traffic Citation Details

When someone is found guilty of a traffic violation related to an accident, they will typically receive citations that must be included in the police report. These can include things like speeding or reckless driving charges, which can then affect claims settlements depending on where liability lies between parties involved in an incident.

Analyzing police accident reports is essential for understanding what happened during an incident and properly processing any insurance claims following it. Understanding the different sections included in a police report—such as witness statements, vehicle damage descriptions, and traffic citation details—is key to obtaining sufficient evidence and ensuring claims are settled fairly among all affected parties.

Conclusion

Car accidents are stressful and unpredictable events that can cause confusion and uncertainty in the aftermath. If you’ve been involved in such an incident, understanding the process for gathering information from accident reports can be incredibly helpful for navigating the situation.

Benefits of Examining an Accident Report

Accident reports provide a wealth of information about what happened during a crash, including detailed descriptions of any damages sustained by each vehicle involved, as well as witness statements and traffic citations (if applicable). Looking into these elements can help drivers determine who is at fault and what kind of financial obligations may arise as a result of the incident.

Obtaining Access to a Kansas Accident Report

As stated previously, obtaining access to a police accident report may vary depending on where you live. A good rule of thumb is to gather the information that a police records department may ask of you when helping you locate the report. You will want to know which police department responded to the accident and wrote the official report. You will also want to know various details such as the time of day, date of accident, intersection or location of the accident, etc. Most police accident reports have identifying report numbers attached to them as well.

In summary, examining a police accident report is beneficial for sorting out any potential insurance claims following a car accident. Knowing what information is included in these documents—such as witness statements and damage descriptions—can also help drivers make sense of any legal issues that might arise from the ordeal. If you still need help understanding your police accident report, reach out to Patton and Patton for a free case evaluation.

References:

About us. (N.D.). Crashdocs. Retrieved January 31, 2023

Find a report. (N.D.). LexisNexis Risk Solutions Buy Crash. Retrieved January 31, 2023,

Simon, S. (2022, October 3). Car accident police report: When & how to get a report. Forbes.

2021 Kansas traffic crash facts. (N.D.). Kansas department of transportation. Retrieved January 31, 2023

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Five Surprises and Five Tips for Your Auto Accident Claim

Joe Patton — Thu, 07 Jul 2022 18:54:40 +0000

What’s my auto accident claim worth?

Sometimes you never know until it’s over, and as baseball legend Yogi Berra said, “it’s not over till it’s over.” With tears in her eyes, a dear tired lady asked that very question, “What’s my auto accident claim worth?”. I sighed before answering because, frankly, it did not look good. Even though her husband had a ton of medical bills, serious personal injuries, and permanent disability with impaired earning capacity, this was countered by surprise number 1. The other driver causing the accident had only a $25,000 insurance policy and was otherwise penny-less and thus judgment proof.

She hired our firm, and we locked into the case like a bulldog off the leash with a full investigation. We came up with lots of nothing. We looked for other potential defendants, but nothing. We looked for additional insurance, but nothing. My client’s husband had no insurance, so he did not have underinsured motorist coverage, again, a big fat nothing. So we sued, which I thought was a mistake. We served the defendant and hit surprise number 2; no answer was filed. So I filed for a default judgment.

Surprise number 3, at the hearing, the Judge declared the pain and suffering limits unconstitutional and entered judgment for over a million dollars! I filed a garnishment on the $25,000 liability insurance company and got surprise number 4; the insurance company didn’t answer! When insurance doesn’t answer a garnishment, they can be liable for the judgment. Finally, I got a surprising number 5, a lawyer from the insurance company called talking settlement. The settlement was subject to a confidential agreement. Nice. Sometimes the bear eats you; sometimes, you eat the bear.

An auto accident claim can be complicated, so here are five tips we give our clients to ensure they’re on the right track.

Get Guidance On Your Case

(No Commitment)

Tip 1: Buy as much car insurance as you can afford.

When you buy car liability insurance, you are insuring yourself. Sure, there is a liability policy to protect you if you are sued, but more critical for your family is underinsured motorist coverage if the other guy is underinsured. Also, buy as much Personal Injury Protection for your medical bills as you can afford, which will pay your medical bills immediately because it will take some time for the final claim to be resolved. So buy a lot of insurance. Insurance agents just love me.

Tip 2: Take pictures.

Unfortunately, in the insurance world, there’s no such there as, “I’ll just take your word for it.” So pull out that cell phone and put it to work. Please take photos of your car, their car, their license plate, and the other drivers’ driver’s license. If the other vehicle has a business logo, take a picture to prove the other driver was on the job because that involves their employer’s insurance. Then, kick your photo to video mode and ask the other driver why they hit you. But please, no selfies.

Tip 3: If you get a bill in the mail, hang on to it.

You may forget the name or address of the medical provider. Hang on to the bills, and bring them to us so we can make sure the bills get paid. Also, bringing us the bills helps us know where you got your treatment, the dates of treatment, and where to order your records. It’s all on the bill. There are ways to find that information, but the easiest way is to have you bring in the statement.

Tip 4: Don’t post your auto accident photos on Facebook.

I know you are excited and used to posting on social media, but don’t; your comments will be viewed by the insurance company and can be taken out of context and hurt your auto accident claim. So don’t post comments, photos, or other information on your social media about your accident. However, bring us the photos. Although we don’t want selfies, we want pictures of your injuries and videos showing your disability.

Tip 5: Don’t be upset if I can’t take your auto accident claim.

With 40 years of experience, we are in demand and can’t take all the cases. Let not your heart be troubled; don’t despair; call us anyway. If we can’t take the case, we will refer you to a lawyer that can take the case. We will give you the lay of the land and point you in the right direction. We will provide you with a free copy of my book.

You’ve Been Injured In An Accident. What Now?

Our free book gives you the legal guidance you need to make smart and well thought out decisions and make sure you’re not losing thousands of dollars.

Tip 5b: Get a copy of my book.

That’s right; I wrote the book on auto accidents, “Every Persons Guide to Saving Thousands of Dollars: Your Auto Accident Claim.” It’s free, absolutely free, and you get to find out:

How You Can Save Thousands Of Dollars.
A Free Self-Assessment That Will Help You Decide If You Need A Personal Injury Lawyer.
The Least You Need To Know If You Will Handle Your Own Claim.
Why you should not sign a Release of Liability right away.
The Most Common Mistakes that Can Cost You Thousands.
Questions to ask yourself or the lawyer before you sign?
(And my favorite) What others are saying about Patton and Patton

If you are not injured, I wrote a second book for you on DIY (Do It Yourself) Property Damage Auto Accident Claims.

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Understanding Domestic Abuse: An Interview with Michelle Egbert

Matt Patton — Tue, 22 Mar 2022 18:46:51 +0000

In this interview, I sat down with my sister Michelle Egbert during her second year of law school to discuss what’s she’s learning about domestic abuse and her goals of representing victims of domestic abuse.

Matthew: My first question for you, Michelle, is about your experience watching our mother, Cindy, as an attorney practicing law. What was your experience growing up, watching her do that?

Michelle: I think growing up, I didn’t quite know what that meant for mom, because she, for a lot of the time was working from home while hanging out with four kids. And so, I knew that she was in her little office doing things for the law office, but didn’t know a lot about what she did until… I think later in life, she switched fields and began to practice some family law and probate law, and that’s when I really saw her really enjoy it. And maybe it’s because all of her kids were out of the house and she didn’t have to worry about us. That’s when I saw her really enjoy the practice of law. And she’s very much a servant and likes to help people, and those are areas of the law that are really conducive to that.

Matthew: So, you’ve told me a story about that moment when you decided you wanted to pursue law. So, I was hoping you could tell us a little bit about that moment.

Michelle Egbert: Yeah. I think about it as there’s three different roads that merged together for me to start this second career. I started out in music and was a music minister for a while and then a stay at home mom. So, the first part of this story is my relationship with a friend of mine. I watched her get married, have three children, and I also watched as the relationship began to deteriorate. My friend’s spouse had managed to isolate her from most people. And advocates of domestic violence will tell you that this is a common tactic of abusers. So, I watched that, but he didn’t manage to get rid of my husband, Scott, and I. So, I was a confidant for her and heard all of the stories, and this began my journey of learning what domestic violence even was. And so, I watched her walk through that.

She did leave and pursued a divorce, then began the custody battle, which was just so frustrating. There were so many legal things she ran into that were so frustrating. So, I was eventually able to connect her with mom. Before she retired, that’s the area of law that she practiced in. So, I was able to connect my friend with my mom. And mom was able to work through those legal issues that were so difficult, and get her from a place of being a victim to a place of being a survivor. So, that was really amazing to watch. And that, because I was friends with mom’s client, I was able to hear about things from her perspective. So, it was a unique insight into what mom did as a lawyer.

So, at the same time, my kids are getting older and I was seeking what I was going to do after being a stay at home mom. I felt like I was the kind of person that needed to work. And so, I was thinking about that and praying about that, what was my future going to be? And right about that time, Dad asked, “Hey, do you want to come work at the law firm?” And at the time, I knew that he was talking about some kind of administrative capacity. I’m very into details and I like to organize things. But this thought just popped into my head, what if you just became a lawyer? And it just snowballed from there, and here I am in law school.

Matthew: I’m really excited to see your future in law. I think your attention to detail, you would be great at administrative things, but I think your attention to detail is going to make you a really excellent lawyer. So, I’m excited to see that. So, in this journey of watching mom represent a friend and as you’ve continued to learn more about the law, what have you learned about domestic violence in that journey?

Michelle: It’s a crazy world. I’ve learned several things. I think foremost, first that it is far more insidious than anybody really thinks. Lots of the community at large thinks of domestic violence as one person hitting another, but it’s a much deeper psychological kind of an event. I’ve learned that anybody can be a victim of domestic violence. It runs the gamut of socioeconomic status, and personality, and all these kinds of things. So, it is everywhere and it’s so common, but it’s so hidden, so much secrecy around it that it’s hard to know. The advocates of domestic violence have done a really good job in the past 30 or so years to bring dynamics of domestic violence to the forefront.

And so, the law in Kansas, has some aspects of the law that are intended to protect victims of domestic violence, but there’s still holes. There’s still considerable holes, particularly in the area of emotional and psychological abuse. An abuser will isolate, like I mentioned before, so that the victim doesn’t have any resources. There’s economic aspects where the victim doesn’t have access to money. There’s just a whole host of things like that, that keep it under the surface, that make it hard to recognize even for judges and for lawyers and for people who are unfamiliar with what’s happening.

And interestingly, one of the things that I’ve learned is that, when a couple who is involved in domestic violence is in a courtroom, an abuser is really good at making himself look… And I say himself, it happens in different gender situations, but just for sake of simplicity, I’ll say that, that is the majority of the cases that usually come about. So, an abuser is good at looking really good in court. And a victim has been psychologically trained, basically to look a little flaky, a little bit traumatized. And in a courtroom that doesn’t look very good if you don’t understand the dynamics of what’s happening under the surface right in front of you.

I’ve also learned that there’s a lot of resources out there. There’s a lot of people who want to help. So, it’s very interesting. It’s a very common problem and I’m just compelled to help victims that find themselves in these situations. So, that’s what’s driven me in law school and something that I hope to accomplish when I’m practicing.

Matthew: Yeah, that’s awesome. I think that’s really awesome. Now, you are also a Christian, so faith plays a big role in your understanding of justice and all of these kinds of things. I am curious, from your perspective, what are some things that is often overlooked in the church in regards to domestic abuse and how can the church do better in that area?

Michelle: Wow, that’s a great question. The church in general, I think has an idea that we want to preserve marriage, and I think that’s a good goal. In a situation of domestic violence, that can go awry. The idea that a victim should just work harder, that we want to preserve the marriage at all costs, that becomes very harmful advice to a woman who is experiencing domestic violence. So, I think being aware as Christian people, as people who are in leadership in the church of different aspects of domestic violence, educating yourself on what that really means, what it looks like. And understanding that one of the common misconceptions of a domestic violence situation is that she should just leave and it would all go away. It’s far more complicated than that.

So, from the church, what a victim needs is just to have someone believe her, to have someone support her through everything that she’s going through, to connect her to different resources that have expertise. Be aware of safety planning. Maybe you can help or connect a person to someone who has experience doing a safety plan. So, I think the first thing would be just to be aware of the dynamics and to know that listening to a victim and understanding where she’s coming from is really the biggest thing that she needs in those moments.

Matthew: That’s awesome. Yeah. And you mentioned that abusers isolate their victims and it seems to me that churches could be of benefit if they are paying attention. And they notice when someone’s being isolated and they can work to try to, if they have their eyes out and their radar up for that kind of activity, they could be in a situation to be a blessing.

Michelle: Absolutely, they absolutely could.

Matthew: So, you’re going to graduate in about a year from law school. So, after you graduate law school, tell me what’s next for you.

Michelle: Well, I hope to join Patton & Patton. I hope to practice family law and probate law. I just want to slip into my mom’s shoes. I have seen some commonalities with mom, so I thought that might be a good place for me to start and practice. I do hope to support victims of domestic in a journey to be free. Also, my detail orientation will help in the whole probate law situation, making wills, establishing trusts for people. That’s very detail oriented work.

Matthew: Awesome. So, my last question for you is, do you have a message for people who might be reading this or watching this, that have struggled with domestic abuse and suffered from domestic abuse?

Michelle: I would say that you’re not alone. I would say that your situation is fraught and there are people that understand what you’ve gone through and can help you safely navigate it. One of the most dangerous times in a victim’s life is when she is trying to leave, so that’s a dynamic to understand. And there are lawyers, there are advocate groups, there are safe homes that can assist you. And so, the biggest thing is you are not alone and you can get free of that situation.

Matthew: That’s awesome. Well, that is a message of hope. Michelle, are there any resources that you can point people to?

Michelle: I’ll send you some resources that you can send out and just help get the word out about those kinds of things.

Michelle: So, there’s a crisis hotline in Kansas, that is 1-888-363-2287. And that’s just a number you can call 24/7 and that number will connect you to a lot of different resources in your area, wherever you are in Kansas. The Kansas Coalition Against Sexual and Domestic Violence is a really good resource. You can find that at kcsdv.org. Importantly, in a lot of those websites, there’s an escape button. If you are feeling in danger and your abuser walks in the room, there’s an escape button and it’ll kick your right to Google. So, that’s just a built-in safety if you have any fear about that.

Matthew: Well, that’s awesome. We’ll be sure to include those resources. So, Michelle, thanks so much for your time. And again, I’m really, really excited to see you get into the field of law and start kicking butt and taking names.

Michelle Egbert: Thank you so much. I’m excited to.

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Does Insurance Cover Hit and Run Accidents

Joe Patton — Fri, 27 Aug 2021 15:41:22 +0000

Does Insurance Cover Hit and Run Accidents?

If you are in a hit and run, you can make a claim against your own auto insurance policy for benefits out of the uninsured motorist coverage. If the claim isn’t handled properly, you may not recover all you are entitled to under the law, or worse, your claim could be denied in full. Our attorneys have a great deal of experience with these kinds of claims and can give you the guidance you need to successfully navigate a uninsured motorist claim.

About Hit and Run Accidents

Hit and run accidents are stressful because they leaves you feeling helpless after a frightening event. How can you put the power back into your hands when stranded after a car accident? This article will explore some dos and don’ts of hit and run accidents and how to handle them.

A Hit and Run accident is when you have car collision, and the other driver takes off leaving the scene of the accident. The driver knowingly leaves the scene without providing their information.¹ This can make it difficult to document what happened at the scene, which is essential for insurance companies and the police. In addition, hit and runs drivers can be charged with violations of criminal law, both misdemeanor charges and even a felony charge if a person is injured.

Unfortunately, hit and runs occur often and have increased by 7.2% since 2009. In 2016 alone, there were 2,049 known hit and run fatalities in America. On average, there are 682,000 hit-and-run accidents each year.² These numbers are staggering and underscore why it is so important to know how to respond to hit and run accidents.

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Dos and Don’ts of Hit and Run Accidents

1. Don’t leave the scene – especially to follow the other driver.

It is tempting to follow the person who damaged your car and possibly hurt you. However, it is essential to remember to stay at the scene. Staying at the scene can allow you to get eyewitness statements and determine who was there at the time of the accident. You will also have more credibility with the police officers when they arrive on the scene and won’t question who was really at fault. You are also in shock after the accident, making it dangerous to drive. Driving a car while upset could lead to another car accident or aggravate the other driver without knowing how they will respond. It is much safer to stay at the scene of the accident.

2. Call the police and file a police report or accident claim

Calling the police is important, especially if someone is injured. The priority should be to help anyone who is injured and to get help. Filing an accident report will allow the police to look for the missing driver and is useful when filing an accident claim against the other driver. Having official documentation describing the incident and putting the other driver at fault is beneficial later during the claims process.

3. Get as much information about the other car as possible

Hit and runs can occur in the blink of an eye but remember that gather much information. This initial information will allow police officers to find the offender and will enable you to win a claim against the insurance company. Some things to be on the lookout for are:

License plate number
The other vehicle’s make, model, and color
Description of damage to the other car
Which direction the other car was headed
Photos of the damage to your car
Location, date, time, and cause of the accident
Photos of the other vehicle
Photos of the other vehicle license tag
Pictures of the other driver

These things will allow officers to understand who was at fault and give you a better case.

Ask witnesses for information

The people who watched the accident occur can have a clear vision of what happened and inform you or the officers. After they give you or the police officers a report, get their names and phone numbers.

Insurance and Hit and Runs

Insurance will usually cover expenses depending on your auto policy. Call a lawyer if you were injured in the accident. There are different types of coverages with hit-and-runs.

Collision coverage

Collision insurance policies will help you to repair or replace your vehicle, depending on the damage. In addition, you can make a claim on the policy even if the other driver is not found.

PIP coverage

PIP, or Personal Injury Protection, coverage is no-fault coverage and will pay medical, loss of wages and other benefits.

Uninsured motor vehicle coverage

Uninsured motorist policies will pay medical expenses, lost wages, and personal injury damages to you if the driver at fault for the accident doesn’t have insurance or if the driver at fault for the accident remains unknown.

Your uninsured policy will exclude coverage if there is no evidence of physical contact with the uninsured hit and run vehicle and when there is no reliable competent evidence to prove the facts of the accident from a disinterested witness not making a claim under the policy.³

So, get photos of the physical damage, and get the contact information of all witnesses.

How A Lawyer Can Help You After Hit and Run Accidents

1. Request an Investigation

The unknowns about the other driver in hit and run accidents is sometimes the scariest part when trying to recover damages. Hiring a lawyer will allow for an investigation to be open to track down the offender, or prove an uninsured motorist claim.

2. Open Records Request

A lawyer would help you track down the offender by getting any records regarding the accident. In some situations, police departments make it difficult to gather necessary information like photographs, witness statements, or dash cam footage. An attorney could subpoena any relevant records that you have been unable to get through an open records request.

3. Receive the most for your damages from hit and run accidents

Our lawyers will help you navigate tricky insurance policies and get the most back from the injuries and damages that occurred in the hit-and-run accident. These reasons and more are why you should talk to an attorney when involved in a hit-and-run accident. Set up your complimentary case assessment today.

¹Andrew Gross Manager, Gross, A., Manager, & AGross@national.aaa.com 202-942-2079. (2020, November 19). Hit-and-run deaths hit a record high. AAA Newsroom

²Hit and run crash analysis using association rules mining. Taylor & Francis. (n.d.)

³ https://www.ksrevisor.org/statutes/chapters/ch40/040_002_0084.html

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Will Medicare and Medicaid Affect My Personal Injury Settlement?

Joe Patton — Fri, 30 Jul 2021 16:26:02 +0000

Will Medicare and Medicaid Affect My Personal Injury Settlement?

Here’s a question we get all the time at Patton and Patton, “Will Medicare and Medicaid affect my personal injury settlement?” The short answer is yes. Medicaid and Medicare are allowed to make a recovery against your personal injury settlement for reimbursement of medical bills they paid because of your injury.¹ The right to recovery funds from your settlement is called a lien. Besides considering their recovery, you also have to consider Medicare’s future interest when you settle. Medicare is not responsible for paying for future medical care for your accident injuries if your settlement specifically included funds to pay for that future care. Let’s unpack this and go through the details below.

Medicaid is a government program administered by individual states in which the government pays medical bills through a health plan for those who qualify based upon income. On the other hand, Medicare is a federal health insurance for people over 65 and for certain younger people with disabilities. If you were injured in an accident and your Medicaid or Medicare program paid for some of your medical bills, the law provides that they would have to be reimbursed out of your recovery. There are a few steps to take to resolve a Medicare or Medicaid lien or subrogation. We will discuss below some details involved in dealing with a Medicare lien.

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Step 1: Notify Medicare of your Personal Injury Claim

Medicare Part C Advantage Plans are offered by private companies, like United Healthcare or Aetna.² approved by Medicare. These companies rarely, if ever, handle recovery from injury claims in-house. Instead, they usually hire a third party to collect the funds on their behalf. In these situations, you will notify one of these third-party companies directly. Familiar companies that administer these liens against your settlement include, Equian, Rawlings, or Optum. First, call the company and tell them you would like to notify them of an injury claim. Next, they will ask you questions about your injury and accident. After you give them all the information, the case is assigned to a specialist who will send a series of letters, including one letter that will summarize the payments made on your behalf and list the current amount that your insurance company believes they may recover out of your injury settlement.

Basic Medicare plans are not administered by a private insurance company. Here, you will deal with Medicare directly. Medicare has set up a website called the Medicare Secondary Payer Recovery Portal (MSPRP) to facilitate all the steps involved in their recovery process.³ You can coordinate with Medicare directly by creating an account on the MSPRP and following these steps to resolve their lien.

Step 2: Negotiate a Reduction

If you are dealing with a Medicare Advantage plan, or a hospital lien, it’s essential to negotiate a reduction with the lien holder. Without a reduction, a lien can take your entire injury settlement. The lien reduction process is very complicated, and every situation is different. Therefore, it is not advisable to negotiate a reduction to a lien without speaking to an attorney. There are a few grounds on which to make a reduction offer.

Pro-Rata or Equitable Reduction

Pro-Rata is a fancy word that means proportionally.⁴ If the lienholder asks for more money than you are likely to recover from your injury settlement, then a pro-rata reduction is often warranted. A pro-rata reduction means the lien holder would reduce their lien to a set proportion of the total settlement amount. For example, here’s a standard pro-rata agreement for individuals with attorneys: the beneficiary receives a third of the settlement, their attorney receives a third for their attorney fees, and all other lien holders divide them the last third in proportion to their size lien.

Reasonable Cost Reduction

This reduction is much more common when hospitals are issuing liens, but a reasonable cost reduction is a reduction based on real the medical care costs before all the high, for-profit markups. Hospitals will often charge ten times the amount a particular procedure costs them. Usually, state laws have a provision that says hospitals only may recover a reasonable value of services rendered in their lien.⁵ Hospitals report their costs to Medicare every year. You can find these cost reports on Medicare’s website or from a website called Cost Report Data. If you can document the actual cost of your treatment and offer a modest 50% profit margin on the cost, you stand a good chance of securing a significant reduction to the lien.

Rights of Recovery

A lienholder only may recover if the beneficiary receives a settlement. Suppose the size of the lien to too large to make settling the case worth it. There, the beneficiary might decide not to accept an injury settlement, giving the beneficiary some negotiating leverage. The lienholder is inclined to find an agreement that is acceptable to everyone to ensure they are able to make some kind of recovery. This negotiation is much more common with third-party companies like Optum or Rawlings. When dealing directly with Medicare, they are much less flexible. Medicare has very specific grounds and criteria by which they will reduce their lien amount.

If you can secure a reduction, get the reduction in writing. When you receive a letter specifying a reduction amount, pay close attention to any deadlines. For example, a letter will sometimes create a thirty-day window to make payment on the reduction amount before the offer expires. If an offer expires, you must contact the lienholder to either negotiate a new reduction or get a new letter with the same reduction amount before issuing any payments. Medicare’s final letter stipulates a deadline that, if missed, will begin accruing interest on the lien amount. It is a good idea to negotiate reductions when you are close to settling with the liability insurer. That way, you can issue payment soon after a reduction agreement is reached.

Step 3 Consider Medicare’s Future Interest. VERY IMPORTANT STEP

If this step is not handled correctly, Medicare could deny coverage in the future. This nightmare scenario is one you’ll want to avoid. Because this step is so important, we advise speaking to an attorney about how best to consider Medicare’s future interest. This step is required because of a provision in federal law that protects Medicare from paying for future medical care funded by an injury settlement. If, for example, funds for a future surgery were included in your settlement, the law states that payment for that surgery should come out of the settlement funds instead of out of Medicare’s pocket. There are a few ways to consider future medical properly.

Signed Certification of Completed Treatment

If your treating doctor signs a letter specifying that the treatment for injuries related to your auto accident was completed before your settlement, you are in the clear. Note we said treating doctor not an independent doctor that gives an opinion without actually providing the treatment. Suppose you injure the same body part in the future, and Medicare claims it is treatment related to your accident. In that case, you can show the letter to Medicare that confirms this treatment is not associated with your accident. This method is the simplest and easiest method to protect your future Medicare benefits.

Certify That the Settlement Did not Include Future Medical

Sometimes a settlement is reached that doesn’t fund future medical care. Maybe there is an issue with unclear liability, or perhaps there isn’t much available to recover. For whatever reason, if the settlement does not fund future medical, Medicare is responsible to pay for treatment of the same body parts that were injured in your accident. Unfortunately, this path is a little riskier. Medicare might not take your word for it or the word of the liability insurance company. We recommend having the case reviewed by an independent expert like the experts at Synergy Settlement Services in these situations. Synergy can generate a letter verifying that the settlement didn’t fund future medical and that Medicare’s future interest was considered correctly.

Set Up a Medicare Set Aside Trust

If future medical is provided for in the settlement and future medical is clear and defined, the best thing to do is set up a Medicare Set Aside Trust.⁶ In this situation, you would need a physician to determine what future medical would be required. Next, you would need an attorney to set up the trust. Next, you would need an estimate of that future medical care from a company like Accumed Healthcare Research. Finally, you would either need to administer the trust yourself or find a third party to issue medical payments. A trust is the most complicated and challenging way to consider Medicare’s future interest, but sometimes it is the only legal path.

Step 4: Notify Medicare of your Injury Settlement

This last step is less complicated than step two or three. Provide the settlement details to Medicare, including total settlement amount, expenses associated with your case, attorney fees, and any other liens in your case. After about ten days, the lien holder will mail a final demand. They lock in the amount they believe they are entitled to recover. Pay close attention to these letters. In Medicare’s case, a deadline is given for payment. If you miss the deadline, the amount will accrue interest. After receiving the demand letter and receiving settlement funds, you can mail the lienholder a check. Again, make sure you have a good address. They are often listed in either the first letter you receive or the last letter you receive from the lien holder.

If you have Medicare, there are many ways these health plans could affect your injury settlement. A dozen pitfalls could cause situations where you lose Medicare coverage for certain kinds of treatment and body parts. You could lose your entire injury settlement, or worse. This is true whether the injuries came from a car accident, motorcycle accident, truck accident, slip and fall, or any other personal injury claim. We highly recommend consulting with an experienced injury attorney to make sure none of these regrettable situations happens to you. At Patton and Patton, we have handled thousands of these types of cases. In one case, we secured $296,767.34 in lien reductions for our client. Talk with one of our experienced attorneys today.

¹42 U.S.C. §1395y(b)(2) and § 1862(b)(2)(A)/Section and § 1862(b)(2)(A)(ii) of the Social Security Act

²Jordan, Jennifer (2015) “Is Medicare Advantage Entitled to Bring a Private Cause of Action Under the Medicare Secondary Payer Act?,” William Mitchell Law Review: Vol. 41: Iss. 4, Article 4

³CRACKING THE MEDICARE SECONDARY PAYER ENIGMA CODE, Barron F. Dickinson, Tort Trial & Insurance Practice Law Journal, Vol. 52, No. 3 (SPRING/SUMMER 2017), pp. 921-948

⁴Pro rata.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/pro%20rata. Accessed 30 Jul. 2021.

⁵Kan. State. Ann. 65-406

⁶Paul R. Bjorkland. 2019. Medicare set Asides. Journal of Legal Economics 24(1-2): pp. 29-35

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How to File a Long Term Disability Claim

Joe Patton — Thu, 25 Feb 2021 21:08:55 +0000

Filing a Long Term Disability claim can be a complicated process. Here are five tips we give all of our clients to make sure they’re on the right track.

Tip 1: Keep Detailed Records

Unfortunately, in the insurance world there’s no such there as, “I’ll just take your word for it.” Every step along the way things will have to be documented in writing. Whether it’s with doctor’s notes, medical evaluations, medical records, or mailed correspondence, it’s vitally important to keep a file on anything pertaining to your long-term disability claim. Create a file at home or scan everything into a computer so you have one centralized location where all relevant documentation can be easily found.

Tip 2: Review Your Summary Plan Description (SPD)

Whenever you sign up for a long-term disability insurance plan, you should receive a Summary Plan Description (SPD). This will include information on where to file, what to file, and who to contact with questions. You should understand the details of your policy before you file as there could be important details that, if overlooked, could lead to a denied long term disability claim.

Tip 3: Filing your Long Term Disability Claim

Photo by Zachary Kyra-Derksen on Unsplash

When you’re filing a claim it’s really important to be sure your application gets where it needs to go. We advise sending the claim via certified mail with a return receipt requested so you can know that your letter was received and know who received it. The law requires that benefits be paid within a reasonable time frame after a claim is approved, but it doesn’t specify a specific time limit. Generally, your insurance company must make a decision within 45 days of receiving a claim with some exceptions.

Sadly, there are times when claims get denied. Insurance companies are trying to turn a profit and one of the primary ways they keep costs down is by finding reasons to deny certain claims. The law requires that they provide a detailed explanation of why your claim was denied. If their determination disagrees with the documented opinion of a medical professional or with a previous determination from the social security administration, they are required to provide an explanation. They must provide a basis for the denial with specific references to the details of your plan, and they must provide a description of the appeals process.

Tip 4: How to Appeal a Denied Claim

If your long term disability claim is denied, don’t worry. There is always an appeals process available to you. When you appeal, you have an opportunity to present additional evidence, so take advantage of this opportunity. Don’t just send a letter in that basically says, “I appeal.” You must raise all issues and grounds for appealing a claim denial at every stage of the appeal, or they will be deemed permanently waived.

Typically, after a denial you have 180 days to appeal a claim. In your appeal, you will want to provide evidence and arguments that address the specific reasons for the denial outlined in the denial letter. The law requires that the person who reviews your appeal be different than the person who denied your claim in the first place. They cannot deny your claim based on new evidence or rational not previously provided to you in writing either in your denial letter or in subsequence correspondence. If new evidence is generated like a new opinion from a medical professional, it must be provided to you with sufficient time to respond before any deadlines.

Tip 5: Seek Legal Advice

Long-Term Disability is governed by the Employee Retirement Income Security Act of 1974 (ERISA). This is a complicated area of law that often requires a professional to help you understand how provisions in the law might apply to your particular case. You will most certainly want to consult an attorney If you plan to seek a review of your denial in court. If you have questions about Long-Term Disability and Long-Term Disability denial, call Joe at (785) 370-0001.

You can find additional information about ERISA and injury claims at dol.gov.

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Calculating the Value of Your Personal Injury Claim: Webinar

Joe Patton — Fri, 16 Oct 2020 20:10:17 +0000

Pretty often in a personal injury claim, an insurance company will make an initial offer to settle all damages. Before accepting any preliminary offers, it’s very important that you speak with a professional about the total value of your case. Unless you understand all the factors that go into valuing a claim, it’s really easy to accept an offer from an insurance company that is far too low. In this webinar, attorney Joe Patton covers this important concept in detail. Learn from Joe how to calculate the value of a personal injury claim. Hi, I’m Joe Patton. I’m a senior partner at the law firm Patton and Patton Personal Injury Lawyers. And you’ve come to the right place. We’re going to teach you today how to value your personal injury case. This would include a typical auto accident case, slip and fall, or any sort of injury to yourself as a result of a fault of another person. The first thing you really need to do is slow down. In valuing your personal injury claim, the insurance company wants to get the case settled right away. Sometimes they make offers within days of the accident. You don’t want to settle it at that point. You want to make sure you know full nature and extent of your injuries and once you have a full understanding of what your injuries are, then you’re going to be able to follow the formulas that we’re talking about here to come up with a good, proper, reasonable and just value for your claim. We’re going to give you the answers. We’re going to tell you how to lower your stress and calculate a value of a case. If you need some help, you can feel free to contact us because I know it’s very confusing. You’re hurt. You’re in the accident. You’re worried about blowing your life savings. You have all these bills coming in, all these people calling you. It gets very, very confusing, particularly when they treat you like a criminal, as opposed to someone who’s been injured in the accident. So take a look, take some notes, give us a call if you have some questions. Let’s take a look at our background. We’ve been practicing law since 1977. We have a well-respected firm, and we have very many satisfied clients. Most of our cases come from prior satisfied clients who have been through the process with us and understand that our first goal is to add value to your case. We don’t even take the case if we don’t think we can add value to it. We created a book that can be helpful to folks if we aren’t a good fit to officially represent them. I’ll talk more about that resourse later in this webinar. But when we take a look at personal injury claims, there’s basic elements that you have to include in your claim to come up with the value. Here are the elements. The medical expenses, the economic loss, and the pain. Let’s talk about the medical expenses first. It has two parts. First of all, if there’s no liability, it doesn’t really matter what the expenses or the damages are. Your case is now worth very much, but let’s assume that you do have liability. With the medical expenses, you have to include all the necessary medical care expenses. Now, the key word here is necessary. Just because you run up a lot of medical bills or chiropractic bills or physical therapy bills doesn’t necessarily mean they’re going to be included in the claim by the insurance company or by the judge and the jury. The law says they include what’s necessary. So keep that in mind when you’re getting the treatment. You want to get treatment. You definitely want to be getting all the treatment you need, but don’t over-treat and don’t make up anything. When you’re talking to your doctor, as part of making sure you get full compensation, you want to make sure you fully tell the doctor where you’re hurt and what the problems are. You’re not going to understand all the ins and outs of the medical condition, but the doctor takes notes. He writes down the history about how the accident happened. He writes down what you tell him as it relates to where you have the pain. If that information is not in his notes that’s going to lower the value of the case. So make sure you tell him about all your injuries and pain and mention when the pain began. If it began shortly after your motor vehicle accident, be sure to mention that. The necessary medical care and bills are included as an element of the damages. It’s important that you get the actual billing. I’m not talking about those balance forward statements that you get in the mail. Get it from the medical providers or if you hire us, we’ll get it for you. You’ll need the actual medical bills. When you prepare the valuation for the insurance company, you’re going to want to include all the ICD codes, the diagnostic codes, the CPT codes. These are often found on the medical billing you would get from your provider. These codes are very important to retrieve for the insurance company because the computer program uses these codes to value your claim. If you leave it up to the adjuster, they may or may not include all the injuries that you’re suffering from from this accident. Also keep in mind that if you have pre-existing conditions, that can cut two ways and adding or distracting value from your case. You’re only entitled to be compensated for what was injured in this accident. Not from something that you already had. However, you can still be compensated for the aggravation of that pre-existing conditions. So don’t let the insurance company talk you out of that. So that’s the medical expenses. Keep in mind the medical expenses are not just what you have incurred, but what you’re likely to incur in the future. So when you’re talking to your doctor, and they release you from the care, talk to him or her about the nature of what they can reasonably foresee coming down the road. For example, they may be recommending a surgery. They could be recommending taking hardware out that they’ve put in during the surgery, or they may be recommending additional physical therapy or problems. Sometimes if the pain doesn’t go away, they’re going to be recommending cortisone injections, or various other kinds of things in the future. Have them clearly write their recommendations in their medical records or give you a note as to what they’re recommending and why. We can use that recommendation to get an expert report about what those future medical conditions and treatments will cost you. That is included in the value of your case dollar for dollar. Sometimes it’s discounted or reduced to present value, but you’re entitled to be compensated for the future medical expenses. That’s important because once you settle your case or once you have a jury verdict, that’s all you’re going to get on this personal injury case. We need to make sure we include everything. If the physician indicates you’re going to have a future operation or procedure, then you need to know approximately how long you’re going to be off work so that we can also include the economic loss from that, which brings us to the second component of compensation, which is the economic losses. That includes according to the jury instructions, both loss of time and income. It may be just as simple as an off-work slip and getting documents signed and verified by your employer as to what your wages had been or would have been during that period of time, but it can become much more complicated if you’re talking about situations of future losses or limited disability that’s going to prevent you from making the income that you’re capable of making. For example, if you have a physical limitation of 50 pounds and your past jobs have included that, then you’re going to be limited in what you can do in the future. That limitation or loss of earning capacity has a value. We can get economic experts and economists to put a value on the loss of earning capacity. That’s included in the economic loss, as well as your actual loss of wages and loss of income. For a self-employed person, that becomes a little more complicated because we have to get into the actual books of the company and document from the income statements, the tax returns, receipts to show what you would have reasonably made if you weren’t off work during the medical treatment period. If you have limitations from this injury that’s going to have an impact on your business, then those kinds of costs are included in the calculation. In terms of permanent disability to assist us or you and figuring out the value of your case, you’re going to want that documentation in writing from the physician that would indicate that there is permanent disability, that it came from the accident and the nature extent of that disability. Sometimes we have you do functional capacity evaluations so that we can get a quantitative measure of what you can and cannot do. Then the key thing after that is to get that vocational rehabilitation report in the proper case so that we can include it in the economic loss. So you add your medical expenses, you add your economic loss, and the last part of it is the pain and suffering or the non-economic loss that the jury would award for the pain that you’ve gone through, the suffering, the disability, the disfigurement if there’s a disfigurement or a scar and the mental anguish involved in what you’ve gone through. Now, it’s important that you keep a diary. If you haven’t started one yet, go ahead and start one. You sit down and write out everything that’s happened from the few minutes before the the accident until now and then keep a daily diary going forward, because you remember all the details. You remember that you hurt when you attempted to lift your grandchild or that you couldn’t sleep last night because of the pain in the back. You remember all that sort of thing or how you weren’t able to go to the grocery store or you couldn’t do an ordinary tasks around the house. You remember those things now, but should we have to present it to a judge or jury or insurance adjuster in the future, you’re not going to remember all that. So write it down. Keep a diary because everything you document there can be translated into compensation for you, and you’re entitled to be compensated for that. If you came into the courtroom and you just said, “Oh, I hurt for a long time,” they will give you something, but if you’re able to clearly document what you’ve gone through from the time of the accident forward and how that impacted your life, that’s going to be a much higher a jury verdict or a much higher settlement with the insurance companies. We always try to get the case settled with insurance companies. We have got great success with that because we have great success going to trial. 90% of our cases are able to get settled with insurance companies and often for very high amounts. I’m thinking of one particular case where a man came into our office, and we were able to get eight times the settlement offer from an insurance company by way of settlement after walking through these steps that we’ve talked about, or you could try to do those on your own. The key thing on the pain and suffering is to take a look at what other jury verdicts in this county have been and what juries are awarding for similar kinds of cases and similar kinds of injuries, duration, and nature and extent of that pain and suffering and how that’s going to impact you. Oftentimes they say there’s no formula for calculating the pain and suffering. That is not quite accurate. We actually put a dollar amount on pain and suffering all the time. If you have a headache, you’ll go to the medicine cabinet, and you’ll pull out an aspirin. Well, that aspirin has a dollar amount. All the pain medication has a dollar amount. We put dollar amounts on compensating for pain all the time. We can add that up and include that in this calculation. Take a look at the jury verdicts that have been comparable and give you a clear value. So you add the medical expenses, economic losses, and those estimated jury verdicts for the pain and suffering. And that’s the value of your personal injury case, assuming there’s no aggravated circumstances and assuming there’s no particular reasons to add punitive damages. Punitive damages is when the injury was willfully inflicted and punitive damages are based on the economic value of the defendant. Punitive damages don’t often come up in personal injury cases, but in the right case, it’s very important to add that in. So those are the elements of calculating your personal injury value. That’s how you go about coming up with a what would be a reasonable and a just value for settling your case. That’s based upon what a jury would actually do. Now, you might be willing to take less than that if you got the compensation today, as opposed to going to trial and that is a judgment call that you would have to make in consulting with your lawyer and the adjuster and your family and just taking a look at what you would like to go through in order to get compensated in the case. So those are the kinds of factors you have to take into consideration. We encourage you to go to kansasaccidentbook.com and get our free book entitled Every Person’s Guide To Saving Thousands Of Dollars In Your Auto Accident Claim. Many people have read that and found it to be extremely helpful, particularly if you’re just new to this process and trying to get some background as to how to handle your case. Of course you can always give us a call. In this situation we give free case evaluations. Just give us a call and we’ll be glad to help you figure out what your case is worth. It’s been a pleasure sharing this with you. And if you’ve got any questions, let us know. You can call us at (785) 370-0001 or send me an email at pattonandpatton@gmail.com. Thanks a lot.

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Should I Talk to the Other Insurance Company After an Accident?

Joe Patton — Thu, 08 Oct 2020 14:13:56 +0000

IMPORTANT: Before You Talk To The Adjuster, Get This Free Book. Click Here!

Should I talk to my insurance company?

Yes. If it is your insurance company calling, then you are required to give a statement. However, you don’t have to provide the statement right away. You will want to get some background information before you give the statement.

You have to report the accident to your own insurance company, so gather your thoughts before you make the call. They will be recording the call. You will later get a call from the pip or medical adjuster. Giving a statement to your own auto insurance company is a requirement you agreed to in the policy agreement with your insurance company. If you refuse to provide a statement for your personal auto insurance company, they can deny your benefits. Your insurance policy provides benefits to you even when it’s the other driver’s fault. Your insurance company is called the no-fault or the PIP carrier for the accident. Your insurance company may also provide you collision or property damage coverage. You will want to give your statement correctly because the other insurance company will get a copy should you have to file a lawsuit.

Keep in mind that the insurance company is looking for ways to deny your claim. The entire purpose of the interview is to screen your claim to determine if a payment should be made. Be ready for the interview. The insurance company is going to want to know:

if you are the owner of the car,
if you had other insurance,
if you were hurt,
where you were hurt,
the facts of the collision,
how fast everyone was traveling,
were the vehicles damaged, if so in what way,
if there were photos,
did the police get called,
were there witnesses,
did you get medical treatment, why or why not.

You have no obligation to give a statement to the other driver’s insurance company. On the other hand, the other insurance company is not going to pay the claim without finding out your position.

Before you talk or sign anything, download our free book on auto accident claims which will give you the background you need to give a good statement. Here are a few practical tips on how to give an effective statement that won’t put your case in jeopardy now or later on in your case.

Rule #1 schedule a convenient time later to give the statement.

You don’t have to give the statement when the adjuster calls. Ask the adjuster to tell you what he will be asking so you can get the information together that he or she needs. Set up a time when you can focus on the interview. This delay will give you time to gather your thoughts. As you prepare for your interview, make a list which will include:

all the witnesses to the accident,
all the reasons the other driver is at fault,
and a list of all your injuries, and
all your medical providers.

You may not at this time even know the extent of the injuries but at least make a complete list of every place it hurts right now. Does your back hurt? How severe is it hurting, and for how long? What does this stop you from doing? What do you do when it hurts? Have you had prior treatment for your back? Tell the insurance company because they will find out later. Think about how this pain is different from previous pain if it is. You can recover for aggravations of pre-existing conditions, so don’t be afraid, to tell the truth.

Rule #2 for a Recorded Statement: Be Honest

The most important rule of giving a recorded statement is this: tell the truth. Nothing can destroy an otherwise good case like a false statement to any party. So tell the truth. As part of this, you will need to make sure you fully understand the question before you answer the question. If the adjuster calling you uses words you don’t understand this is not the time to be bashful, ask him or her to explain.

Rule #3: Be Complete

When talking to the insurance company, you do not want to inadvertently leave out important details regarding the facts of the accident or your injury. For example, if your knee is sore, but you think it is probably not that big of a deal. Don’t leave out the fact that your knee is sore. Early in an injury, you might not know how severe some initial soreness might become. Be complete. Many times an insurance agent will call the day of the accident. Schedule the statement for a few days down the road. Often someone hurt in an accident will not feel the pain until the next day or so. You might even want to schedule the interview after you have seen a primary care doctor so you will know the nature and extent of the doctor’s diagnosis. Even if you don’t wait until you see your doctor at least make a list of your pains, so you don’t accidentally forget to mention an injury area. The reason you want to be complete is that the liability insurance company will accuse you of lying if you later claim an injury to part of your body that is not mentioned in the first statement.

Rule #4: Don’t Exaggerate

While its important to be complete, you don’t want to exaggerate any details about your case either. Some people think this might help your case; however, let me assure you it does not. We, as your attorneys, will rely on physicians to prove any injury and as much objective information as possible. There is simply no need to exaggerate how you feel or the details of how the accident happened.

Rule #5: Don’t Sign Anything Until You Know What You Are Signing.

You can expect your own insurance company to ask you to sign certain forms including:

a personal injury protection form to start your medical benefits,
medical authorizations so they can get your records, and
CMS Medicare forms so they can comply with the federal law requiring the insurance company to tell the government about insurance claims.

Sometimes an adjuster will try to get you to sign a release or offer you some money right away. Don’t sign a release until you know the full nature and extent of your injury and then only if it is adequate to cover your medical, pain and suffering, future medical, wage or income loss, and any disability past and future.

Giving a recorded statement can be intimidating. That’s why, in the right case, it is essential to have an attorney in your corner from the very beginning. If you are interested in our free case evaluation, be sure to click here to start the free process.

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The post Should I Talk to the Other Insurance Company After an Accident? appeared first on Patton and Patton.

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What to Do After a Car Accident

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You've Been Injured In An Accident. What Now? Our free book gives you the legal guidance you need to make smart and well thought out decisions and make sure you’re not losing thousands of dollars. Download Free Book

You've Been Injured In An Accident. What Now?

Should I Choose a Chiropractor or Physical Therapy For My Sciatica?

Chiropractic Care for Sciatica

Benefits of Choosing a Chiropractor Instead of Physical Therapy for Sciatica

Risks and Drawbacks of Treatment with a Chiropractor vs Physical Therapy for Sciatica

You’ve Been Injured In An Accident. What Now?

Physical Therapy for Sciatica

Benefits of Using Physical Therapy Instead of a Chiropractor for Sciatica

Potential Risks of Physical Therapy vs a Chiropractor for Sciatica

Chiropractic vs Physical Therapy for Sciatica Treatment

Cost Comparison of Chiropractor vs Physical Therapy for Sciatica

Time Frame for Results of a Chiropractor vs Physical Therapy for Sciatica

Level of Involvement by Patient Comparison of a Chiropractor vs Physical Therapy for Sciatica

How Sciatica Can Affect Your Personal Injury Claim

Understanding Duties Under Duress and Loss of Enjoyment

Duties Under Duress

Loss of Enjoyment

What Kinds of Damages Are Compensable in a Soft Tissue Injury Situation?

Physical Damages

Psychological Damages

Losses Due To Pain And Suffering

Understanding the Basics of Sciatica

Symptoms of Sciatica

Causes of Sciatica

Diagnosing Sciatica

Treatment Options for Sciatica

Conclusion

How to Read a Kansas Police Accident Report

The Purpose of Police Accident Reports

Terms Used in Police Accident Reports

Understanding the Process for Gathering Information from Police Accident Reports

Steps for Obtaining a Copy of an Accident Report

The Information Needed to Locate an Accident Report

Analyzing Kansas Police Accident Reports

Witness Statements

Other Information Available

Vehicle Damage Descriptions

Traffic Citation Details

Conclusion

Benefits of Examining an Accident Report

Obtaining Access to a Kansas Accident Report

References:

Five Surprises and Five Tips for Your Auto Accident Claim

What’s my auto accident claim worth?

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Tip 1: Buy as much car insurance as you can afford.

Tip 2: Take pictures.

Tip 3: If you get a bill in the mail, hang on to it.

Tip 4: Don’t post your auto accident photos on Facebook.

Tip 5: Don’t be upset if I can’t take your auto accident claim.

You’ve Been Injured In An Accident. What Now?

Tip 5b: Get a copy of my book.

Understanding Domestic Abuse: An Interview with Michelle Egbert

Does Insurance Cover Hit and Run Accidents

Does Insurance Cover Hit and Run Accidents?

About Hit and Run Accidents

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Dos and Don’ts of Hit and Run Accidents

1. Don’t leave the scene – especially to follow the other driver.

2. Call the police and file a police report or accident claim

3. Get as much information about the other car as possible

Ask witnesses for information

Insurance and Hit and Runs

How A Lawyer Can Help You After Hit and Run Accidents

1. Request an Investigation

2. Open Records Request

3. Receive the most for your damages from hit and run accidents

You’ve Been Injured In An Accident. What Now?

Will Medicare and Medicaid Affect My Personal Injury Settlement?

Will Medicare and Medicaid Affect My Personal Injury Settlement?

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Step 1: Notify Medicare of your Personal Injury Claim

You've Been Injured In An Accident. What Now?

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