What will it
cost to retain an attorney?
Most personal injury attorneys charge
nothing up front, waiting for payment until a settlement
or court decision is reached on your behalf. In most
cases, if no recovery is made for you, there is no
charge. Most people do not realize that attorneys spend
a significant amount of time and money on your behalf
hiring investigators to survey the accident scene,
interviewing witnesses, paying court filing fees, and
spending a significant amount of time analyzing your
case - all before receiving
payment.
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In a personal injury claim, what am I
entitled to be compensated for?
Subject to some exceptions, a person who
sustains an injury due to the negligence of another is
entitled to be compensated for:
1. Past and future medical bills;
2.
Aggravation of a pre-existing condition;
3. Lost
wages and/or loss of earning capacity;
4. Property
damage to your vehicle;
5. Pain, suffering and other
“non-economic
damages”;
6. If you are married,
your spouse may be entitled
to compensation for
their loss of consortium.
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Should I talk to
the other driver's insurance company? What if they call
me?
Never give an oral
statement to the other side’s insurance company. If you
are contacted, be polite, but decline to talk. Insurance
companies’ claims adjusters are professional
negotiators, with extensive experience. Claims adjusters
are well trained by insurance company lawyers to ask
questions in a manner designed to hurt you and help
them. Simply say “thank you for calling but I am not
prepared to discuss this matter with you at this time.”
Your attorney will determine the best way to
proceed.
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What happens if I am in an accident and
the other driver does not have insurance?
If an injured person has
uninsured/underinsured motorist (UM) coverage on their
own insurance policy, he/she may be able to make a claim
for their UM benefits. An injured person can make a
claim for UM benefits if the driver responsible for the
accident did not have insurance, or did not have enough
insurance to cover the damages sustained by the injured
person in the
accident.
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Should I move the car to the side of the
road before the police arrive?
Yes. You should always protect the scene
of the accident to avoid additional collisions. Do not
allow your car to obstruct the road if it can be moved.
Warn approaching cars by raising the hood of your car
and using your car’s hazard warning lights. In addition,
for nighttime accidents, place flares or reflectors on
the road if available.
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