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Accident Injury FAQ


By Prev Info - October 19, 2022

Do I really need a lawyer? 


As a rule of thumb, an injury case where your medical bills are more than a couple of thousands of dollars or where you missed a week or more of work should certainly be reviewed by a lawyer.  The more serious injury, or the more questions about who was at fault for the accident the, more likely it is that you will need an attorney to assist you. 



Can I afford a lawyer?


The law firm deals personal injury claims on a contingent fee basis.  That means that attorneys’ fees are paid as a percentage of whatever money is recovered, but there is no fee is the case is unsuccessful.  The percentages can vary, depending upon the kind of case and its complexity.


What about costs?


Costs can be a significant part of any case.  lawyer advances the out-of-pocket costs.  The reimbursement of costs usually occurs out of the settlement or recovery.


Will my case go to trial?


The majority of all civil lawsuits are settled before trial. In fact, most cases are settled even before a lawsuit is filed.  The final decision about whether to file a lawsuit is the client's.  whether by a lawsuit and trial, or by some alternate means.  Occasionally, it may be possible to avoid the need to file a lawsuit altogether by attempting to resolve the matter by a alternate dispute resolution procedures, such as mediation and/or arbitration.  It is necessary, however, to prepare each case as if it were going to trial in order to obtain the full settlement value for the client.  Therefore, this office prepares every case as if it were going to the jury, and the client should also be prepared for the same.


How much is my case worth?


injured parties are entitled to recover their past and future medical expenses, past and future lost income, out-of-pocket expenses including property damage losses, reasonable compensation for pain, suffering, permanent disfigurement, and loss of quality and enjoyment of life.  This list is not included every item that is recoverable. 

 

Who will pay my hospital bills until a settlement or recover is made?


Although hospitals and doctors are becoming more difficult to deal with and more expensive, lawyer will assist you in obtaining treatment from qualified doctors and medical personnel, many of whom will accept liens on your settlement instead of demanding payment at the time of treatment.  Additionally, lawyer will pursue all avenues of insurance coverage to determine whether your medical bills can be paid by your own health insurance or by medical payment auto insurance. 


What happens if I am out of work? 


This is a difficult situation.  As is common with medical bills, the insurance company for the party at fault will not pay lost wages until the entire case is resolved.  If you are still under medical care, it will almost certainly be advisable to wait until you have completed your medical treatment before you make demand to settle the claim.  When you settle an insurance claim you give up to right to make any additional claim for future damages or losses.  Therefore, it is extremely important to know the seriousness and permanentness and extent of your injuries before settling.


What if the driver at fault does not have insurance?


Unfortunately, many drivers on the road today do not have auto  insurance even though it is required by law.  Your protection against these uninsured drivers is to have adequate uninsured motorist coverage through your own insurance company. Uninsured motorist claims are made with your own insurance company.  If the claim cannot be settled, it will be handled by an arbitration panel instead of a judge and jury and they will make a binding decision as to liability and damages.  For the same reasons that you need a lawyer in a court case, you also need one in uninsured motorist claim.  


What if the other driver does not have a enough insurance?


 Underinsured motorist coverage obtained through your own insurance company will protect you against this situation.  In the event the driver at fault does not have enough insurance coverage to pay for your injuries and damages.  If the claim cannot be settled, like uninsured motorist claims, it will be handled by an arbitration panel instead of a judge and jury and they will make a binding decision as to liability and damages.  






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