Personal Injury
Q. What is a “personal injury” case?
A: “Personal injury” is a term that describes any kind of accident that leads to bodily injury. For example, automobile accidents, products liability, wrongful death, slip and fall, and assault and battery are all personal injury cases.
Q. Can I handle my own case with the insurance company without hiring an attorney?
A: Insurance companies would most likely prefer to settle your case directly with you as soon as possible. They rarely will discuss with you your legal rights and, oftentimes, do not understand the legal aspects of the case. They also rarely offer a fair settlement which is close to the value of your case. Remember, even if the insurance adjuster sounds nice over the phone, his or her goal is to settle your case with you for as little as possible.
Hiring a lawyer is a good idea, especially if your injuries are significant. A good lawyer should seek recovery of damages in every category that applies to your case, including medical bills, future medical expenses, lost wages, lost earning capacity, pain and suffering, and permanent injury, among others. In addition, a lawyer can seek out additional sources of coverage for your damages other than the insurance of the liable party. Hiring a lawyer who is willing to take your case to trial adds leverage in negotiating a settlement with the insurance company. Insurance companies know you are unlikely to take a case to trial yourself
Q. How much do you charge for a personal injury case?
A: Many personal injury cases are taken on a contingency fee basis depending on the type of case and the facts of your individual case. This means you do not pay for our services unless we settle your case or win a judgment at trial. In such cases, our fee is a percentage of the amount you are awarded in a settlement or judgment.
Back to TopQ. How do I know if I have a case and how much is my case worth?
A: If you have been injured or severely traumatized such that you have sought medical treatment for your injuries and you believe that your injuries were the fault of someone else, you likely have a personal injury case. Only an attorney can determine whether you in fact have a personal injury case. If you are an injured party seeking legal counsel, you will receive a free consultation. During your consultation, you will discuss the facts of your case with an attorney and the attorney will determine whether the facts warrant legal action or not.
The value of your case depends on the extent of your injury, the amount of medical bills, your lost wages, and your condition after you have finished treatment for your injuries. The estimate also must take into consideration the ability of the other party to pay a judgment and whether your actions played a role in causing your injuries. We will not take your case unless there is a good chance of success, though there are no guarantees that you will be successful even if we do take your case. We will give you a fair and reasoned assessment of the outcome of your case based on the facts and our experience.
Back to TopQ. When should I speak to an attorney?
A: You should contact a personal injury attorney as soon as possible after the accident. Also, attempt to document the accident with police and medical records and photographs of the scene and your vehicle. Do not sign any statement or papers presented to you by someone else. Your case may still be handled even if you do not contact an attorney immediately; however, most cases have a statute of limitations, meaning there is only a certain amount of time after the accident in which you may file a lawsuit.
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