FAQ
How do I know if I have a case?
Answer: Often, you will have a common-sense idea if someone else did something that caused you injury or failed to do something that caused you an injury. You may not know for sure until you consult a competent attorney.
What do I need to do if I am injured and believe someone is responsible?
Answer: Contact your attorney as soon as possible. Get the names, addresses and phone numbers of everyone who might be a witness. Do not talk to any insurance adjusters without first consulting your attorney. Keep a detailed written account of everything that happens or is said.
When do I need to contact an attorney about a potential personal injury case?
Answer: As soon as possible after the injury. It is vitally important to preserve all evidence; to contact all potential witnesses; take video and photographs of the scene; and document carefully the injuries and the consequences.
What is a statute of limitations?
Answer: This is the time within which a legal case must either be settled or suit filed in the appropriate court. If action is not taken within the prescribed statute of limitations, the right to a legal remedy may be lost.
Should I talk to my insurance company?
Answer: Your insurance company should be notified as soon as possible. If you do not let the insurance company know about the accident, it can attempt to deny coverage for the accident. However, before giving detailed statements, especially taped recorded interviews, to your insurance company or the insurance company for the other driver, you need to think carefully about whether you may first want legal counsel. Insurance companies frequently want to settle fast and cheaply before your injuries may be fully known. If you reach a settlement and later find that your injuries are more serious and you have more medical bills, you will have difficulty getting any more funds from the insurance company.
Do I need an attorney?
Answer: Yes. The insurance adjuster is not going to be looking out for your best interests. You will likely be “low-balled” regarding settlement. Without legal help, you will have no way of determining the true value of your case.
What if the driver who hit me has no insurance or the bare minimum and I have very serious injuries?
Answer: Assuming that you have the required uninsured or underinsured motorist coverage, you may be able to collect from your own company if you are injured as a result of the negligence of someone who has little or no insurance coverage. If you were a passenger in a car struck by an uninsured or underinsured driver, you might be able to pursue a claim against the insurance company for the owner or driver of the car in which you were riding.
What’s my case worth?
Answer: It depends on so many factors that it is difficult to provide a definite answer here: for example, whether liability is clear; the extent of your injuries; whether you have lost wages; the extent of your medical treatment; significance of pre-existing medical conditions; where the accident occurred; the amount of insurance available; whether aggravating circumstances were present such as excessive use of alcohol; who is the defendant – if a company, where it is doing business.
What is the typical fee arrangement in personal injury/wrongful death cases?
Answer: The vast majority of personal injury/wrongful death cases are handled on a contingency fee basis ranging from 33 1/3% (one-third) to 40% of the amount recovered either by way of settlement or trial. Generally the attorneys will advance expenses such as filing fees, deposition costs and expert witnesses fees, but with a provision in the written fee contract signed by the client and counsel that the expenses will be reimbursed from the amount recovered on behalf of the client. Most contingency fee contracts provide that if there is no recovery for the client, he or she is not obligated to reimburse the attorney for the out-of-pocket expenses that have been paid by the attorney. It is standard for the parties to sign at the time of the first meeting or shortly thereafter a written fee contract that sets out in detail how fees and charges are to be handled.
How long will it take to get my case resolved?
Answer: The answer to this question can vary depending on the complexity of the case, such as how clear is liability, which insurance companies are involved, how serious are the injuries, if treatment is completed or ongoing, and where the suit will be filed. If a suit has to be filed and a settlement is not reached, the trial would generally occur 12-24 months after filing suit. Keep in mind that the overwhelming majority of lawsuits eventually settle.
What is a wrongful death claim?
Answer: This is a claim arising from the death of an individual caused by the conduct of another.
