Personal Injury Law Questions and Answers
What do I do to make an accident/injury claim?
What action do I take if I have an on the job injury?
Who do I contact after I'm in an accident?
What do I do when I want to sue a company?
If I am hurt on the job what do I do?
Should I contact the other insurance company when in a car accident?
How long will my lawsuit take?
How long does it take to get paid when winning a liability case?
When will I get paid after my accident?
Does it take a long time to get paid if I win my lawsuit?
When I sue a company does it take a long time to get paid?
How can I avoid litigation in a personal injury claim?
Do I have to go to court if I sue someone?
When I sue a company will they settle out of court?
How much money will a company offer me for my accident?
Is there always a trial in an accident claim?
How does the attorney get paid?
Who pays my lawyer in an accident case?
Do I have to pay my lawyer to collect damages?
Are there free lawyers for my car accident case?
Is it expensive to sue a company?
Will it cost me anything out of my own pocket?
Are there any hidden costs in a medical malpractice lawsuit?
Can I expect any fees in my accident case?
Do personal injury cases cost anything?
What are the costs involved in making a claim?
Why does my lawyer take forever to get back to me on my injury case?
What are my lawyer's out of pocket expenses?
Who will my lawyer be consulting with on my accident case?
What has to be determined for me to win my case?
Are personal Injury cases expensive?
What will my attorney have to pay for my case?
Will I have to go to Court?
Do I have to go to court for an auto accident?
If I settle on a payment is court cancelled?
What are interrogatories?
What is a deposition?
Can I bring a claim on my own without an Attorney?
Should I represent myself in a Personal Injury claim?
Will making a claim raise my insurance rates?
When I get in a car accident do my rates go up?
Will my lawsuit affect me in a bad/negative way?
If there is no insurance can I go after the other individual personally?
How do you sue someone that has no money?
Will I have to lose any time from work in pursuing a claim?
How do I get paid if I am injured at work?
How do I pay my bills during an accident?
Will we have to file suit?
Do Insurance companies settle out of court?
If we file suit, will my neighbor whose dog bit me be upset?
What is the procedure when I sue someone for negligence?
Will my family have to get involved if we go to Court?
Does my family have to testify in court?
If I file suit will it be a matter of public record?
Who will know about my lawsuit?
How do I file for Workers Compensation?
Who do I contact about Workers Comp help?
How much money will I make with my lawsuit?
Is there a way to determine what my settlement will be?
What do I do to make an accident/injury claim?
The best way to make a claim is to contact a qualified, experienced personal injury attorney. Your personal injury attorney will investigate your claim, contact the appropriate insurance carriers and make sure you receive the necessary medical care. Many people make the mistake of trying to deal with insurance companies themselves and look for an attorney only after their efforts fail.
(top) Let us help you find a lawyer.
How long will my lawsuit take?
Every personal injury claim is different. Some factors include liability, severity of injuries and the Insurance companies involved. Some companies are notorious for taking a hard line position and taking nearly every claim to Court. Your personal injury attorney knows each insurance company and their tactics. In general, a case will settle in about two years. Litigation will extend this estimate. A case could take five years to get through litigation and appeals or even longer.
(top) Let us help you find a lawyer.
How can I avoid litigation in a personal injury claim?
You really can't. The party at fault or usually their insurance company is the one who writes the check to compensate you. This money comes directly out of their pocket. It doesn't take long to figure out that they really don't want to pay you anything and will not until one of two things happen. One, you accept their lowball “final offer" . Or two, the at fault party either offers nothing or you refuse to accept their “final offer" and want to be fairly compensated. The only answer to number two is to force them to pay, and the only way you can do that is at trial. If you've hired a good trial Attorney shortly after you were injured, chances are that you will be fairly compensated at the end of trial.
(top) Let us help you find a lawyer.
How does the attorney get paid?
Your personal injury attorney works on a contingency basis. What this means is that, when your case reaches a financial conclusion, your attorney will receive an agreed upon percentage of the amount that you receive as payment of his/her fees. The percentage amount can vary depending upon court rules in your state but is almost always between 33% and 40%. Some Attorneys charge a higher percentage if litigation and trial are involved but almost never more than 50%.
(top) Let us help you find a lawyer.
Will it cost me anything out of my own pocket?
In most cases, expenses incurred by your personal injury attorney and the attorney’s fees will be paid from your settlement. In some cases, such as medical malpractice, your personal injury attorney will ask you to pay for some medical records so that he can review your claim prior to accepting the case.
(top) Let us help you find a lawyer.
What are the costs involved in making a claim?
Some of the costs involved in making a claim would be: investigation costs such as accident reports and, if necessary, an accident reconstruction, medical reports and records, filing fees with the Court, payment to Court Reporters for transcripts of depositions, medical testimony at time of trial, witness fees, postage, telecommunications and copy fees. Of course, this is just a general list. If an injured party will never be able to work again, the personal injury attorney might need to consult with an economist to document lost wages. If a case settles prior to litigation, filing fees, depositions and expert testimony would not be necessary.
(top) Let us help you find a lawyer.
Will I have to go to Court?
In the matter of an auto accident, you may have to go to your local Court regarding any traffic summonses received by you or the other party. Motor vehicle cases are somewhat unique in that any tickets issued are generally considered quasi -criminal and require a separate hearing. Almost all other personal injury matters including but not limited to, medical malpractice, nursing malpractice, mass torts, nursing home abuse, pharmaceutical malpractice and wrongful death, usually do not have a quasi-criminal matter that needs to be heard separately and proceed directly to Civil Court. As far as Civil Court appearances are concerned, this is where the matter of negligence and monetary damages are adjudicated. You will not have to appear at civil court if your case can be settled prior to litigation. If your attorney has to file suit, i.e. no fair offer is on the table, you will have to answer written questions called interrogatories. You will also have to attend depositions which are verbal questions based upon your answers to interrogatories, and they are generally held at the office of your attorney or the attorney for the party causing your injuries. If your case goes to trial, your testimony in Court would also be required.
(top) Let us help you find a lawyer.
Can I bring a claim on my own without an Attorney?
You can bring a claim on your own, which is called going pro se. You may do some research and think that you are up to the task. As a general rule, attorneys won't even represent themselves in civil matters. Hence the old saying, "An attorney who represents himself has a fool for a client." It is indeed foolish to handle something this important on your own. Insurance companies always prefer pro se claimants. But it's important to remember that insurance companies always prefer paying as little as possible and from their perspective, paying nothing at all is even better still. Unless you have experience dealing with insurance adjusters, you need someone who is on your side to protect your rights and make sure you get the compensation you deserve.
(top) Let us help you find a lawyer.
Will making a claim raise my insurance rates?
Generally, an insurance company will raise your rates if you are involved in a “chargeable” accident. A “chargeable” accident is one where the company considers you at fault. Generally, if you are an innocent victim, your rates should not increase.
(top) Let us help you find a lawyer.
If there is no insurance can I go after the other individual personally?
Yes, you can. However, you must look at the financial assets of the negligent party before you consider this. If you were to obtain a Judgment against someone who has no assets, how would you collect this Judgment? In the case of an auto accident, a claim could be made against the Uninsured Motorist provision of your insurance policy. Which simply put, it is a provision on your policy that acts as an insurance policy for the uninsured driver that caused your injuries.
(top) Let us help you find a lawyer.
Will I have to lose any time from work in pursuing a claim?
If you are seriously injured and cannot work, you would obviously lose time from work. Your attorney will search all avenues to get you paid for that time through your own insurance or from the party who caused your injury. You may also have to take time off from work to be examined by insurance company doctors or to give testimony at depositions or trial if your case requires litigation.
(top) Let us help you find a lawyer.
Will we have to file suit?
Not necessarily. There are some cases in which the insurance carrier will make an offer prior to suit being filed. However, this is not usually the case. Remember that the insurance carriers are trying to turn a profit. It isn’t in their best interests to quickly pay injured claimants.
(top) Let us help you find a lawyer.
If we file suit will my neighbor whose dog bit me be upset?
Quite possibly. Most people take lawsuits personally. What these people do not understand is that it is often necessary to file suit in order to get the insurance companies to cooperate and make an offer on the case. You cannot file suit against the insurance carrier directly. You must file against the negligent party. At that point, the negligent party turns the summons and complaint over to his or her insurance company. The insurance company will then assign an attorney to represent him or her. The neighbor always has the option of paying your claim directly out of their own pocket. I have never experienced that, but it is common for the negligent person to act like your claim is coming directly out of their pocket even though their insurance ultimately pays it. Another common occurrence by an offending dog's homeowner is to claim that they have no homeowners insurance. I assume the purpose of this ruse is to plead poverty and make the claim go away. Incidentally, I've found that almost every time suit is filed in situations like this, the homeowners insurance mysteriously appears within days after suit is filed.
(top) Let us help you find a lawyer.
Will my family have to get involved if we go to Court?
Often, the testimony of a family member can be quite beneficial to your case. For instance, a husband could testify as to his wife’s limitations around the house or taking care of the children. A wife could testify that she had to hire someone to do jobs around the house that her husband would have otherwise done. Children can testify as to how their parent’s limitations have hampered their extracurricular school activities and caused additional stress and hardship throughout the entire family over an extended period of time.
(top) Let us help you find a lawyer.
If I file suit will it be a matter of public record?
In general, yes. Many states have websites where you can do limited research on current personal injury cases. Some insurance companies insist when settling a claim that the injured party sign a Non-Disclosure statement which means that your settlement would be “off the record.”
(top) Let us help you find a lawyer.
How do I file for Workers Compensation?
Filing for workers compensation is relatively easy, just about anywhere. You just fill out the forms that are supplied to you. But filing for workman's compensation does not guarantee that you are going to get all the benefits that you're ultimately entitled to receive.
I don't know of a single workers comp attorney that charges a fee to show a client how to file a claim. Even if they know full well that the client will not need an attorney, such as a temporary injury claim with no permanency.
Workmen's Compensation lawyers usually practice only workers compensation law. The percentages they charge are normally set by statute and are relatively low, necessitating a high-volume specialized type of practice. Great Workers comp attorneys are busy all the time, but always make room for new clients. They also usually help clients file their own claim even when an attorneys skills are not yet required. When an attorneys skills are required, such as when the carrier is jerking the claimant around or a permanent injury is involved, an experienced local workers comp lawyer is absolutely necessary. If you need to file workers comp claim, contact me and I will introduce you to one of the best workers comp attorneys in your area. Your claim will get filed. And you'll be glad you didn't try to go it alone.
(top) Let us help you find a lawyer.
How much money will I make with my lawsuit?
A better question is NOT “what is my case worth,” but “how can I improve the value of my case?” Remember your case is worth nothing until an offer is on the table or the verdict is in.
So how does the insurance company representing the defendant arrive at a value to make an offer? Now that's a much better question. They will look at many factors, but most importantly; what is your attorney’s success record in trying cases similar to yours. If that attorney has done well and consistently gotten decent verdicts that will be heavily factored into their offer. Conversely, if your attorney has never tried a case or has an inconsistent record, you will get a lowball offer or more likely never get an offer at all. Then it's off to trial with a lawyer whose odds of winning your case for full value are slim to none.
So what is the value of your claim? In a perfect world, your lawyer will demonstrate to an unbiased jury how much you’ve lost as the direct result of another's negligence. They will take into consideration your loss of property, health and future well-being, and that jury will render a fair and impartial verdict. That being said, choose your attorney quickly and wisely as we don't live in a perfect world.
(top) Let us help you find a lawyer.
