Q & A
GENERAL
How much do you charge?
The Blount Law Firm, PLLC, handles a wide variety of cases in many different areas, so it is difficult to give a quick answer to this question. What we charge largely depends on what type of case you have.
For most personal injury cases, we charge a contingency fee of 33-1/3% to 40% of whatever we recover for our client, but we may charge a lower or higher percentage depending on the difficulty of the case. Regardless of the percentage, we never receive more in fee than the client’s portion of the settlement.
For workers’ compensation cases we are authorized by the Tennessee Workers’ Compensation Act to charge 20% of the money recovered for an employee’s permanent vocational disability award.
We work hard to not only recover as much as we can from the person that is responsible for paying for your injury, but we also work to maximize how much money you put in your pocket by taking time to negotiate with all interested parties. Making our clients the most money possible is our goal, and we are confident that in most cases we are able to gain more money for our clients than they could on their own, even after paying our fee.
The Blount Law Firm, PLLC, does not limit itself to only injury claims. We have successfully handled all types of civil litigation, so whatever your legal problem, give us a call to see if we can help.
AUTO OR MOTORCYCLE COLLISIONS
What should I do if involved in a car wreck?
First, call the police and take care of yourself and your passengers. If you are injured in any way, inform the reporting officers, who will call paramedics, and then go by ambulance to the hospital. Do not refuse to go to the hospital if you suffer any pain. The worst mistake injury victims make after a wreck is to think that they can recover from their injuries without seeking medical treatment. Do not try to tough it out. If your body hurts, you are injured, so go to the hospital and get checked out. While you may not have a serious injury, you may as well be certain.
Second, minimize any conversation you may have with other parties involved in the wreck. Other than asking if another driver is OK, you should speak only with the responding police officers.
Third, avoid moving your car until the police are able to make a report unless it is absolutely necessary for traffic safety.
Should I use my health insurance to pay for medical expenses related to a car wreck?
YES. If you have health insurance, use it before you use any other type of insurance, even if you have personal injury protection (PIP) insurance with your car insurance carrier. There are several benefits to submitting your medical expenses to your insurance carrier, but the main reason is that you will receive a health insurance discount from the medical provider. You will be obligated to pay your health insurance company back because it has a right of subrogation, but this almost always works toward your benefit.
I’ve been involved in a car wreck and now I am getting calls from a doctor’s office offering me medical services. Should I go to this doctor?
NO. Unfortunately, telemarketing by medical providers to car wreck injury victims has become commonplace, even though in Tennessee it is both illegal and unethical for doctors and chiropractors to engage in this type of marketing. Furthermore, if you are treated by one of these doctors, the value of your injury claim may be significantly reduced because the insurance companies know which medical providers use telemarketing and give little value for the services rendered by these clinics.
MEDICAL MALPRACTICE
I believe that I am a victim of medical malpractice. Should I consult with a lawyer?
YES. A medical malpractice claim is the most difficult case for an injury victim to make because of the complexity of the law and the huge expense of litigation. Therefore it is critical that you consult with an attorney as soon as possible if you believe you have been harmed because of a medical provider’s neglect.
WORKERS COMPENSATION
Can I get benefits if I’m hurt at work?
In Tennessee, if you are injured while working for a private employer, you may be entitled to workers’ compensation benefits. An injured employee is entitled to three types of benefits:
1) Money for time missed from work due to injury.
2) Payment of all medical expenses incurred as a result of the injury and approved by the workers compensation insurance carrier.
3) Compensation for an injury that results in a vocational disability.
What should I do if I have suffered an injury at work, but my employer refuses to provide me with medical treatment?
Often an employer or supervisor is under a lot of pressure to avoid reporting an injured employee and will be tempted to minimize the nature and extent of an injury you may have suffered. Do not let your employer tell you to just “sleep it off.” Insist on receiving medical treatment, and if this does not work, file a Request for Assistance with the Tennessee Department of Labor, Division of Workforce Development. The form may be found here.
Can I go to my own doctor if I am injured at work?
NO. In Tennessee you must go to one of three doctors selected by your employer. Though an employer may sometimes consent to you going to your own doctor, your employer will usually provide you with a list of doctors you must chose from. DO NOT GO TO ANY OF THE DOCTORS SELECTED BY YOUR EMPLOYER WITHOUT CONSULTING AN ATTORNEY FIRST. The selection of a doctor is the most important decision you will have to make in a workers’ compensation claim. Some doctors are preferable over others and an experienced local attorney should be familiar with many doctors who are regularly selected by workers’ compensation insurance carriers. An attorney will help you decide which doctor is best for you.