Frequently Asked Questions
I recently had an
auto accident. What should I do?
If you were injured, it is important that you seek medical care.
A personal injury claim requires that you have a "paper trail"
showing that you sought medical treatment in a timely fashion.
Also, be aware that the other party�s insurance company may
request that you give a recorded statement regarding the
accident. Discuss this first with your attorney. Recorded
statements given by an injured person to the other party�s
insurance company are sometimes used against that person during
later negotiations for a settlement.
What will be
my cost for legal services?
Personal injury claims are handled on a "contingency fee" basis.
That means that our receipt of legal fees is contingent on you
getting a monetary recovery in your case. This is good for you
because if we are not able to recover money for you, you do not
have to pay for our attorney fees. Also, we are more generous
than other law offices. We allow for medical payments to be paid
before our fees. This is a big difference for the client because
it means they end up with about 50% more money. Generally, if
your case is settled in the pre-trial period, our fee is 33 %
plus costs. Our fees are not taken out of any property damage
recovery provided to you to compensate you for the loss of
something like a damaged automobile. You get all the money for
property damage.
Do I get an attorney to handle
my personal injury claim?
Yes, If you feel you have been injured and need to seek medical
care, and the other party was at fault, then you probably will
be dealing with an insurance company who has little interest in
your welfare. Insurance companies have trained insurance
adjusters and access to experienced attorneys whose primary goal
is to save their corporation money. Also, handling a personal
injury case is very complicated and time consuming. Hiring an
attorney is your best choice.
How do you place
a value on my personal injury claim?
The value of a personal injury claim is based upon several
factors, including (1) past and future medical care, (2)
physical impairment, (3) lost wages, (4) disfigurement, (5) pain
and suffering and (6) mental anguish. The amounts with each
element are arrived at through various means.
Do most personal
injury cases settle out of court?
Yes, a majority of cases traditionally have settled prior to
trial. Our goal is to settle your case prior to the necessity of
filing a lawsuit.
Does the insurer
in my personal injury case have to give me a rental car?
If it�s your insurance company, it depends upon whether you have
rental car coverage. If it�s the other side�s insurance company,
and the other party is at fault for your injuries, it depends on
a few factors. If your car is repairable, the at-fault party�s
insurance company will typically provide you with a rental car
for a "reasonable" period of time. The definition of a
"reasonable period of time" is often subject to disagreement
between you and the insurance company. If your car is totaled,
most insurance companies will provide you with a rental car
until such time that they give you a "reasonable" offer for your
car. The providing of a rental car by the at-fault party�s
insurance company oftentimes causes disputes. An attorney may be
able to assist you in coming to an acceptable solution should
the issue arise with your personal injury case
In my personal
injury case, do I have to take my car to the shop the insurer
recommends?
No. You can take your car to any shop you desire. However,
taking your car to a reputable and well established repair shop
may affect the strength of your case. Discuss this with your
attorney.
In my personal
injury case, should I take pictures of my injuries and vehicle
damage?
Yes, it is a good idea to take several pictures from various
angles of your damaged vehicle. It is also extremely helpful to
take pictures of your injuries.
If I accept a
settlement for property damage in my personal injury case, does
that mean my case is settled?
Most cases consist of two parts: property damage and personal
injury. If you sign a settlement for property damage, you may be
asked to sign a release of your personal injury claim, or the
check (which you will be required to endorse) may have a release
of your personal injury claim printed on it. Therefore, you
should be very aware of what the release says. An attorney can
assist you in interpreting the contents of any release presented
to you by the other side�s insurance company.
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