Did You Know?
Every year over 5,000 car drivers and passengers are killed in accidents involving trucks and over 500 truck drivers receive fatal injuries.
Auto Accident - Frequently Asked Questions What factors affect the value of a claim?
The value of assessing a claim takes time and evidence has to be gathered on many issues. Several factors affect the value of a claim, including:
- Whether you were totally or partially responsibility for the accident.
- The nature and extent of your physical and emotional injuries.
- The amount and course of treatment for your accident injuries.
- Whether or not you will be left with total or partial disability as a result of your injuries.
- The nature of pre-accident employment and income.
- The length of time it took you to return to work and the ability to return to the same level of pre-accident employment.
- The costs of treatment.
How do I know if I have a claim worth pursuing?
When a person is injured as a result of the negligence of another person or persons, the injured party may has the right to a claim against the people/corporations/government entities that caused his/her injuries. In addition to the injured person, his/her spouse may also have a valid loss of consortium claim against the negligent party, and all of the injured person's legal heirs may have valid claims in the case of a wrongful death.
The simplest way to find out if the facts of your situation constitute a valid claim is to consult with an experienced personal injury attorney. Don't be discouraged if the first attorney you talk with declines to represent you in your claim -- since every attorney will have different levels of experience and areas of expertise, one attorney may see a claim worth pursuing while another may not.
Q: How long will it take to resolve my case?
The answer to this question can vary greatly depending on the complexity of the case. For instance, the average auto/premises liability case or any other type of general negligence case is typically resolved within 6 to 12 months.
Q: Will I be responsible for anything if we lose?
Attorneys that participate in our Lawyer Referral service work on a contingency basis. If you are unsuccessful in prosecuting your case, you will not be responsible for any of the costs incurred.
Q: How much will it cost to prosecute the case?
Even though the costs involved with a case can cost as much as $10,000 to $100,000 and up, it costs you nothing, unless there is a recovery.
Q: What is mediation?
Mediation is a settlement conference which takes place prior to a case proceeding to trial. Each side appears with their lawyer and appears before a person known as a mediator. A mediator is often a retired judge or a lawyer practicing in the community. Both sides present their cases to the mediator. All information contained in the mediation conference is confidential and cannot be used. If the parties are unable to settle the case during the mediation, then the case proceeds to trial.
Why do I need to contact an attorney?
A personal injury attorney should basically be providing two services to you: 1) the attorney's skill, experience, and knowledge should add to the value of your claim, and 2) the attorney should handle all the insurance and legal meetings, paperwork, telephone calls, negotiating, court appearances, etc., necessary to resolve your case.
A personal injury attorney can also maximize the value of your claim by presenting every relevant medical and legal fact to an opposing insurance company or insurance defense attorney. The driver who struck your car was found to be drunk and to have a history of drunk driving convictions -- should this increase the value of your claim? Your doctor tells you that the collision caused only a relatively minor strain injury to your neck, but you feel that it has caused a flare-up in the arthritis you've been experiencing for years -- can you be compensated for this? A good personal injury attorney will track down every one of these legal and medical facts and present them in a way that will maximize the value of your claim.
How much can I expect to receive?
This is one of the most difficult questions an injured person will ask an attorney. Cases have value based on five areas, assuming the liability, i.e., who is at fault, issue is clear. Plaintiffs in personal injury cases are entitled to five areas of damages. Those areas are as follows:
Past medical bills
Future medical bills
Past lost wages
Loss of earning capacity in the future
Pain and suffering
How much an injured person will receive for a back injury settlement depends upon many factors such as the severity of the injury, how bad the impact of the car crash was, the length of treatment for the injury, the amount of permanent tissue damage done, how much work was missed, how much pay was lost, how it affected the lifestyle and the ability to work of the individual, and what kind of job they had if it was permanently lost due to the injuries.
What if the car I was driving was uninsured at the time of an accident?
If the car you were driving is uninsured and you were the registered owner of the vehicle, then you are legally barred from bringing suit against an at-fault driver and there is no claim for First-Party benefits.
What should I do if the other driver involved in the accident is uninsured?
If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries only if you have "uninsured motorist" or medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference if you have "underinsured motorist" coverage. If you do not have these kinds of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay.
The other driver's insurance company offered me money. I haven't even hired an attorney, but I could really use the cash. Should I take it?
No. Tell the insurance company that you'll get back to them. In the meantime, contact an attorney immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you won't sue them. Never take an insurance check without first consulting an attorney.
What if the police say I was at fault in the accident?
If you are determined to have been more than 50% at fault in an auto accident, then you do not have a claim against the other parties involved in the accident. However, it is strongly recommended that you contact an attorney to determine the likely percentage of fault attributed to you in an accident.
Who pays if I am injured or in a car accident?
Liability: If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy's limits. If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries. Collision: No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible. Most insurance companies do not offer collision coverage for very old cars.
I loaned my car to a friend who is involved in an accident. Am I liable if my friend is at fault?
Check out your insurance coverage in your contract with an insurance company. Some companies extend coverage when the car owner has given his or her express permission to lend out the automobile to another person. However, in setting the amount of damages, owners that have lent their car to someone who is a reckless driver, intoxicated, or not licensed may find unclear liability protection, depending on the wording of your insurance policy. When any accident occurs that involves you and/or your car, report it promptly to your insurance company. With their help and that of your attorney, your rights and obligations can be determined
What does a 'lien' mean in my case?
In many instances, many people do not have health insurance coverage to pay for their medical treatment. When that is the situation, medical facilities and physicians are willing to take a lien. This is a document that gives the patient the ability to keep actively treating with the best medical providers without paying for the medical bills at the time of medical treatment. A lien allows the patient to keep treating, and once a recovery is made, the doctor or health care facility is reimbursed. However, it is always made clear to the client that even with the lien in their medical file, they are ultimately responsible for the medical bills in the event the case does not resolve as expected.
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