Auto Accidents
If I am in a car accident, what losses can I recover from the person who is at fault?
There are many types of damages which you can seek to recover from the person who is negligent or who caused the accident. These are some of the types of damages for which you may seek to recovery:
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Property Damage to your vehicle
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Medical Expenses
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Lost Wages
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Pain and Suffering
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Impairment
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Disfigurement
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Punitive Damages
Do injury
claims always go to court?
Fortunately, most claims settle out of court, avoiding the expense and hardship of lawsuit. There are times, however, when the defendant's insurance company's offer of settlement is too low or there is a question regarding liability. In such situations, the case may have to be decided by a judge or jury. The decision to settle or file a lawsuit is one of the key decisions a lawyer and client must make together after thoroughly considering the pros and cons of the case.
How long does it
normally take to settle a personal injury case?
Each case is different. The facts and damages involved often determine the length of time a case takes to settle. Often, questions of liability arise or a claimant may not be fully recovered from their injuries. The insurance company, the insurance adjuster and the attorneys often can affect the time it takes to settle a case. The time often increases substantially if a lawsuit is filed.
How much do you charge to represent a person in a personal injury case?We do not charge to talk to you about your claim and all initial personal injury consultations are free. If we accept the case, we charge attorney's fees only if we are successful in obtaining a recovery for you. The fee is calculated as percentage of the recovery, normally one third of the total recovery before expenses in a case that is settle prior to suit being filed. In most cases, expenses necessary for pursuing the case will be advanced by the attorney. If we are successful in obtaining a recovery for you, case expenses will be reimbursed from your portion of the recovery. If nothing is recovered on your behalf, you will generally not owe the attorney for any attorneys' fee or any case expenses.
If I am injured in
an accident involved with a drunk driver, do I need an attorney?
If the person who caused the accident was intoxicated at the time
of the accident, it can be
considered an aggravating circumstance in a personal injury claim.
If you were injured by a person under the influence of alcohol, a
personal injury attorney will be able to advise you as to the actual
value of your case and will be able to act on your behalf to ensure
that you are not taken advantage of with a low offer from the
defendant's insurance company.
After you have ensured that you and your loved ones are safe,
obtain any medical attention necessary to ensure the health and safety for yourself
and loved ones.
Do not discuss the facts of the incident or sign any legal
documents unless you are sure you understand your rights. You
should not give a statement to an
insurance company until you are certain it is in your best
interests.
Gather as much
information and supporting documentation as possible at the scene of
an accident or as soon as possible. Get as
much of the following information as possible:
- Name and insurance company of the at fault party
- Identity and contact information of all possible witnesses
- The make, model, year, color and license
plate number of other vehicle involved.
- Photos of damage to you and your vehicle, and other vehicle involved.
- A copy of the police report, if one was made.
What can a
Personal Injury Attorney do for me?
An experienced personal injury attorney will help to ensure that your interests are protected when dealing with the insurance company of the at fault party. The attorney can help you with settling your property damage and getting a rental vehicle while yours is being repaired, among other things. When the time comes, an experienced personal injury attorney can assist you in maximizing your settlement.