Frequently Asked Questions

The 10 Most Frequently Asked Personal Injury Law Questions
Automobile/Motorcycle Accident Frequently Asked Questions

The 10 Most Asked Personal Injury Law Questions

1. Do you need an Attorney?
2. Should you see a doctor?
3. What evidence of injury is necessary?
4. What should you do about the insurance companies involved?
5. How much is your claim worth?
6. What is your property claim worth?
7. Is your case confidential?
8. How do you hire our firm?
9. How long will your case take?
10. How long will it take to settle your claim?

1. Do you need an Attorney?

The legal and insurance systems involved in personal injury claims are complex and confusing, even for people who work with those systems every day. It is not only important how your claim is handled, but it is equally important when your claim is made. Very short statutes of limitations may apply to your situation that could bar your claim forever. Likewise, mistakenly assuming that insurers or medical providers are looking out for your legal rights can be extremely risky. Finally, a personal injury may create other legal problems for you, from employment concerns to debt collection issues.

As you will see, working with a caring and capable personal injury attorney to evaluate your claim and guide you through the damage recovery process can provide peace of mind and valuable information with which to make informed and sensible decisions during very trying times.

2. Should you see a doctor?

If you have medical problems related to the accident, go to a doctor right away. It is very important to form a good relationship with your doctor at an early date to foster your recovery and to ensure that your medical advisors truly understand how your medical problems relate to the accident. Please note that you should see a doctor for the purpose of getting treatment, not for the purpose of advancing a claim. If you have concerns about your treatment, we are available to discuss such matters in confidence, for such decisions may well affect your case. At no time would it be appropriate to discuss with your doctor making a claim or filing a lawsuit.

3. What evidence of injury is necessary?

As soon as possible after your accident you should photograph all cuts, bruises and broken bones. Also photograph from all angles the damage done to your automobile or other property. It is also helpful if you can provide us with the names, addresses and phone numbers of witnesses to your accident.

4. What should you do about the insurance companies involved?

In two words, be careful!. As soon as your insurance company and the insurance company of the person who caused the accident are notified of the accident, each of them will want information for different reasons. Consult with us before submitting to any recorded statement by an insurance adjustor or investigator, even if the other person's liability seems obvious. Keep in mind that you are required to notify your own insurance company of the accident, and to cooperate with them to obtain certain medical and wage loss benefits. As your attorney, we will help you obtain such benefits if they apply. Since your own insurance company will want to interview you to determine eligibility for benefits, it is very important to consult with us beforehand, and to ensure that the interview is conducted in our presence. Equally important, we will provide the experience needed to settle or litigate your claim as appropriate.

5. How much is your claim worth?

Every case is different, and final results are often very subjective. What is important is that case evaluation be done thoroughly, professionally, and at a point when your doctor can predict the nature of your recovery. We take pride in the thoroughness of our case evaluation process, and on larger, more complex cases we endeavor to obtain from another attorney a second opinion on our judgment. Only after completing this process can we make a helpful valuation estimate and enter into settlement negotiations with the responsible party.

6. What is your property claim worth?

In car accident cases where neither liability of the other driver nor the extent and value of your property damage is in question, we will assist you in recovering property damage. Fixing the amount of property damage claims particularly in auto accidents often is presented by insurers as a "standard" process with little room for discussion. we are experienced in helping clients find alternate ways to value assets to ensure their settlements are not just standard, but truly fair.

7. Is your case confidential? 

To ensure that clients and their attorneys can speak freely about any legal matter, the law protects the confidentiality of attorney-client communications. Whatever you tell us remains with us, and we are under a strict legal duty not to divulge information to anyone without your consent. Beyond this legal duty, we also work hard to create a working relationship with clients that fosters open communications. We are always willing to discuss your questions by phone or to schedule an appointment with you. Under no circumstances should you feel that you cannot or should not discuss a concern with us.

8. How do you hire our firm? 

We prefer to meet personally with potential clients to discuss the facts of their claim and make a preliminary evaluation. Just fill out the form from the consultations page of this website or call us to schedule an in-person or telephonic consultation, which typically will take less than one hour. There is no charge for the consultation, even if the case is not one we recommend that you pursue. If we do recommend further action, we will ask you to read and sign our written fee agreement. You may cancel the agreement without any obligation within 24 hours. After that period you may still cancel the agreement at any time, although you may then be obligated to reimburse us for costs advanced on your behalf, and we may be entitled to a fee for services if our work results in your recovery of money. In summary, if you feel that you may have a claim however small you should have the matter reviewed by legal counsel as soon as possible. By obtaining a professional evaluation you can be assured that whether you decide to pursue the case or not, your decision will be well-informed.

9. How long will your case take?

Cases may settle after a few months without need for a trial or arbitration. No settlement should be completed without careful consideration of future risk. We do not recommend settlement of any case until all injuries have stabilized with all losses and risk fully assessed. Your future is our essential concern.

10. How long will it take to settle your claim?

There's no definite time when a case ought to be settled. It all depends on your unique circumstances. In all matters, however, we will regularly inform you of progress toward settlement, and we will diligently manage your case to eliminate unnecessary delays.

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Most Asked Automobile/Motorcycle Accident Questions

1. What is the first thing I should do after being in an automobile/motorcycle accident?
2. Should I immediately tell my version of what happened or should I wait to talk to an attorney first?
3. Who will pay my medical bills if I am injured?
4. Who pays for the damage to my car?
5. Am I entitled to reimbursement of my lost wages and for pain and suffering?
6. Will I have to go to court if I file a claim?
7. What is the process of a lawsuit?
8. What happens next after I file a claim?
9. What happens at a trial or arbitration?
10. How does the Law Firm get paid?
11. Can I fire my attorney?
12. Do I have to repay those benefits I received as a result of my accident from my settlement?

1. What is the first thing I should do after being in an automobile/motorcycle accident?

If you are injured in an accident, it is important to seek treatment immediately. Sometimes serious injuries do not cause immediate pain. If you experience even minor pain after an accident, seek treatment immediately.

Keep in mind that many claimants do not know what kind of doctors to see for the injuries that they have suffered. We can arrange for you to see medical specialists as soon as possible. Payment of the medical bills can sometimes be deferred until after settlement is achieved.

Remember to obtain the name, address, license number, and insurance information from the drivers of the other vehicles involved.

2. Should I immediately tell my version of what happened or should I wait to talk to an attorney first?

If the collision is serious and even if you are partially at fault, you should contact our office prior to speaking to anyone, if practical. We can review the facts with you to ensure that your statement is clear and factually correct. We will help you fill out any required collision reports and insurance claim forms. Our job is to protect you. 

You will be asked at some point to provide your version of the accident, often by police if they are called to the scene. Most, if not all states, will require you to file an accident report with the Department of Motor Vehicles. Your insurance company and the other driver's insurance company will also want your version of the accident.

Do not give a statement to any insurance company representative without speaking to us first.

3. Who will pay my medical bills if I am injured?

If you have health insurance, you may have coverage under your health policy. Also, you may have benefits available to you under your vehicle insurance.

We will be happy to review your coverage with you and explain your benefits.

4. Who pays for the damage to my car?

If you have purchased collision insurance, your insurance company will pay to have your car fixed or will pay you the value of the vehicle if a total loss. If you are not at fault in the accident, your insurance company will seek to be reimbursed by the insurer of the driver at fault. We will explain the quickest and most efficient way to have your car repaired or your total loss adjusted.

5. Am I entitled to reimbursement of my lost wages and for pain and suffering?

Most insurers will pay lost wages upon proper proof of the loss. It is extremely important for us to document your loss of earnings in order to support this  aspect of your claim.  You are also entitled to payment for pain and suffering under most circumstances.

6. Will I have to go to court if I file a claim?

Most car accident cases settle out of court. In many cases, it is clear who was at fault in the accident. Upon proper proof of damages and medical documentation, insurance companies will settle the claim without the need for filing a lawsuit or having a trial. However, in some cases, the insurance company may deny liability on a claim and a lawsuit will be necessary. 

Claimants are usually not prepared to negotiate on their own behalf. Accordingly, we present your claim in the best possible light supported by medical reports and statement of charges accompanied by your loss of earning. 

7. What is the process of a lawsuit?

A lawsuit begins by filing a complaint. The person filing the complaint is called the plaintiff and the person against who the complaint is filed is called the defendant. The defendant must file an answer addressing the allegations contained in the complaint and must raise any defenses the defendant may have. The defendant's insurance company will hire an attorney to represent the defendant and will pay any damages, up to the policy limits, that the plaintiff recovers in the lawsuit.

Not all lawsuits require a trial. Most cases are resolved even after a lawsuit if filed. Insurance companies often are inclined to settle a claim if it is obvious that the claimant means business.

8. What happens next after I file a claim?

The defendant may submit written questions to you to be answered under oath and may ask you to provide documents. We will assist you in the preparation of these materials. You may also be called for a deposition, where you will be asked a series of questions before a stenographer. Not only will we will help you prepare for the deposition but an attorney will attend the deposition with you. Your attorney will also object to any improper questions asked during the deposition. We will also likely submit questions to the defendant, request documents from the defendant, and conduct the deposition of the defendant. Witnesses to the collision may also be called for depositions, if their testimony is necessary.

9. What happens at a trial ?

If the case goes to trial, the plaintiff goes first and presents his or her witnesses, documents and any other evidence which helps prove the plaintiff's case. The defendant then puts on his or her witnesses, documents and any other evidence in defense.

The case is then presented to the judge or jury, who decides who wins and, if the plaintiff wins, how much money the plaintiff receives.

10. How does the Law Firm get paid?

Our firm will usually agree to take car accident, motorcycle accident, slip and fall, wrongful death, and other negligence cases on a contingent fee basis. This means that if you recover, the attorney will take a percentage, usually one-third, of the total recovery. If you do not recover any damages, you will not owe the attorney any legal fees. However, you will be required to pay all of our out-of-pocket costs, such as photocopy costs, court filing fees, deposition costs, etc. 

We will also ask you to sign a fee agreement which will dictate the terms of the agreement. You should read the agreement very carefully and discuss it with the attorney before signing.

11. Can I fire my attorney?

Yes. However, our fee agreements include a provision in the agreement that if you terminate our services before the case has concluded, you will be liable to pay us for the reasonable value of the services we provided to you. If you then retain a new attorney on a contingent fee basis, the new and old attorney will divide the fee amongst them; you will not pay a double fee.

If we replace your old attorney we will negotiate a division of the attorney's fees at no additional cost to you. You have the absolute right to change attorneys at any time during your claim. Therefore, if you are dissatisfied with your current attorney for whatever reason, we may be able to help. 

12. Do I have to repay those benefits I received as a result of my accident from my settlement?

Yes. Your health insurer can file a lien on your case, in which case you will be required to pay these liens from your settlement. Your attorney can help to negotiate these liens and most insurers will be reasonable in negotiating the lien.