Personal Injury FAQs

 

    First things first

    Do I have a case?

    What is my case worth?

    Do I need an attorney?

    Should I speak to the insurance agent?

    Should I settle for what they are offering me?

    What fees will you charge?

    Do I have to go to court?

    What should I do first?

    How long will it take?

    What do I do if I am unhappy with my current lawyer?

 

 

First Things First

OBTAIN WITNESS NAMES, ADDRESSES AND TELEPHONE NUMBERS

Write down the other driver's name, address, car license, drivers license and auto insurance information. Be prepared to provide the same information to the other driver. Be sure to record the names, addresses and telephone numbers of people who witnessed the collision or events before, during or after the collision. This includes passengers in the other involved vehicles, pedestrians, residents, construction workers, and employees from businesses located at the scene. Finally, be sure to obtain the investigating officer's badge number and name.

TAKE NOTES AND DRAWINGS OF THE SCENE

As soon as you are able or can have someone assist you, make notes of the important aspects of the collision to help you remember. Diagram the exact position of the vehicles before and after the accident and note any skid marks, property damage or other tangible evidence of the collision. Make notes of any observations you had before, during and after the collision. These measures may prove invaluable in the event a legal question develops.

SEEK MEDICAL ATTENTION

You may e overwhelmed by the accident and not realize you need to see a doctor. If you have any doubt about your own condition or that of your passengers, see your doctor immediately for an examination. If the police suggest you go by ambulance to the hospital it is always best to follow their suggestion, even though you may feel it is unnecessary. Be sure to inform your doctor of the facts of the collision, including seat belt use, however, refrain from providing your opinions about the accident and comments as to speed and distance.

 

 

Do I have a case?

To have a personal injury case, we must show that you have been injured through the fault of another, whether by accident, intentionally or due to negligence. Tell us what happened and we will advise you on whether we believe you have a claim. This service is provided free of charge. We only charge a fee if we take on your case and prevail by settlement or through the courts.

 

 

What is my case worth?

The worth of a case is based on many factors which are often difficult to determine. For example, how the injury occurred, how severe is the injury, how much pain has the injury caused, is the injury permanent? These are all questions we will ask to determine the value of your case. Only after all the information is gathered and negotiations with the insurance company have begun can your case be fully evaluated. There is no quick or easy answer, it takes expertise.

 

 

We look at the following:

 

* Past and future medical bills

 

* Past and future lost wages

 

* Pain and suffering

 

* Mental and physical disability

 

* Disfigurement and scars

 

* Emotional trauma

 

* Mental anguish

 

* Loss of enjoyment of life

 

* Loss of love and affection

 

* Property damage

 

* Out-of-pocket expenses

 

 

 

Do I need an attorney?

Not all accidents justify the need to hire an attorney. For example, small property damage claims with no injury, say less than $5,000 in property damage, you probably don't need a lawyer. However, it is always best to consult with an attorney first. Just call one of our lawyers and we will consult with you by phone. We offer free consultation so you have no obligation. During this consultation, we will be able to help you determine what you may want to do. It is always your choice on how you proceed. Submit details and we'll give you a call.

 

Usually it is in your best interest to hire an experienced personal injury attorney. Insurance adjusters are very skilled at obtaining the information they need from you to deny or minimize your claim. It is their desire to save the company and their client as much money as possible, to your detriment. Our personal injury lawyers have the experience needed to work with insurance companies and adjusters for the best outcome of your case. Generally, people who hire an attorney receive much more money compared to those that don't.

 

When you hire a lawyer who is willing to take your case to trial if necessary, value is added to your claim. We will pursue every category of damages that applies to your case by finding ways to support your damages. The threat of trial adds to your bargaining power. Insurance companies know that it is nearly impossible for you to take your case to trial and win without hiring a lawyer. Insurance companies hire lawyers to protect them.

 

You must be mindful that there are statute of limitations that affect your case. Depending upon the circumstances of your case, the statute of limitations requires that a law suit be filed within a specific period of time. If you fail to file within this timeframe, you will be prohibited from obtaining any compensation for your injuries. Don't let your time run on your claim. The insurance company certainly hopes you will miss your deadlines.

 

Timing is important for finding witnesses and gathering evidence to support your case. The longer you wait, the more difficult it becomes to gather good, solid evidence of your claim. Speaking with an attorney as near the time of the accident is critical to your case.

 

 

Should I speak to the insurance agent?

No. You should not talk to the insurance company without first consulting with a lawyer. The insurance company does not have your best interests in mind as they are only looking out for their company and their interests. Their purpose in contacting you is to trap you into saying things they may later use against you to defeat your claim, whether the information is accurate or not. If you sign any documents with the insurance company, or give a recorded statement without consulting an attorney first, you could be giving up your legal rights. Don't make this mistake.

 

 

Should I settle my case for what they are offering me?

Before accepting any settlement, consult with an experienced lawyer. Adjusters work for the insurance company. They are paid to settle the matter for the lowest possible expense to their company. They don't have your interest at heart, they only care about what is best for their company. Call one of our lawyers and seek the expertise that is vital to preserving and protecting your claim. The consultation is completely free of charge and you have no obligation to hire us. Submit details and we'll give you a call.

 

 

What fees will you charge me?

We work on a "contingency fee" basis. This means that you do not have to pay us a fee unless we collect money for you. Our fee is based on a percentage of the money collected. So, if no money is collected, you pay no fees. We will go over all fee agreements in detail with you. You will be given a copy of the document which you would sign if you employ us. Nothing is hidden. We will be happy to answer your questions and explain in detail all provisions of any fee agreement. We want our clients to be happy because when we win, our clients tell other folks about us. We appreciate the referrals.

 

 

Do I have to go to court?

No. You control the course of your case. You are the one who will decide if your case goes to court. Most personal injury cases are settled without going to court. We will be there, fighting for you. You will always receive our professional and courteous attention and advice.

 

 

What should I do first?

Call: 515-557-1960. If we believe you have a claim and you wish to hire us, we will ask you to help us gather information and documentation to support your case. You will need to keep us informed about your medical treatment and physical limitations. If we have to file suit, you will participate in this process. We will be there to help you every step of the way. Submit details and we'll give you a call.

 

 

How long will this whole process take?

Most of the time, cases are resolved within a few months to a year from the time of the accident. The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it can take. If your claim is denied or a lawsuit must be filed, the process may take longer than a year. It all depends on the nature of the claim. If you are still recovering from your injuries, we don't want to settle the claim until we know how well you have recovered.

 

 

What do I do if I am unhappy with my current lawer?

You may fire any lawyer you have hired at any time. It is your case.