Personal injury cases are often brought about by any kind of physical injury or even mental anguish which is caused by negligence or actions of any other party. Personal injury cases can be utterly serious and often people are confused about the further steps that they need to take after in order to receive justice and the necessary compensations. Having a personal injury lawyer by your side would ease your way and help you determine the preceding steps in case you face such a situation. The various FAQs listed below would help you navigate the wide range of claim processes to make it easier for you to choose the correct attorney for your case.
If I have a personal injury, what would be the first step to follow?
The first thing you need to consider is how to get well soon. In case you are hurt or injured, you first need to visit a doctor and take medical advice. Also, you can ask the doctors or the attendants to call the personal unit attorney for legal help, but remember not to speak anything that might go against you.
Within How Much Time Do I Need to Report My Personal Injury to the Insurance Company?
It is often recommended to take quick action and report the problem to the insurance company immediately without any delay. Within 24 hours, you need to inform the insurance company otherwise, there might be a possibility that your claim can be disapproved.
Is there a chance that my own statement can be used against me?
In the case of a personal injury, an individual’s statement to a lawyer is for the purpose of recording the event and there is no chance that these statements can be used against the individual himself/herself. The statements often defy the case’s facts and the incidents of the scene and they cannot be used for incriminating anyone.
I had a personal injury and I was partly at fault. Will I get coverage for that?
If you were partly at fault for a personal injury, you need to understand that the damages that you claim would depend on the state you live in. The rules and laws in these types of cases are absolutely state-specific and technical and thus it is strongly recommended that you consult a good attorney who has a better understanding of your state laws and can guide you through the process of claiming your damages.
What should I do if I face a personal injury in a car accident as a passenger?
If you face a personal injury as a passenger in a car accident, be it a personal vehicle, truck, or motorbike where you were a passenger, you need to first seek medical advice as a first step. Next, you must seek to gain some professional advice and opinions from an expert “personal injury lawyer” for your further protection. Remember not to discuss anything with the attorney of the at-fault party.
I faced a slip and fall accident. How to determine who is at fault?
You need to know that slip and fall accidents are very common and tend to occur almost daily due to various reasons. But, if you fall and get injured at your job, the employer might be liable if in any way, they were responsible for creating a dangerous situation or were negligent. In other cases, you can claim compensation in a slip and fall case if any other person was responsible for your fall, either due to carelessness, irresponsibility, or reluctance.
What is meant by a “contingency fee?”
A contingency fee can be regarded as a typical percentage of financial recovery. If you have an attorney who is working on your case on the basis of a “contingency fee”, it means that the fee would be only taken upon winning the case. In other words, a contingency fee is basically a form of payment that you might need to pay your lawyer for providing you with legal services only after he or she successfully wins your case.
How to determine the percentage of a contingency fee?
A general rule of thumb is that in any personal injury cases, the general percentage of the contingency fee is mostly 33% when your case is settled, it may go up to 40% if any lawsuit is filed. However, there are a number of complex cases where the percentage of contingency fee can be 50% in case of a lawsuit and 40% in case of a settlement. It is important to note that the agreement should set forth the percentage of contingency fee in the scenario of appeal, trial, settlement, etc. Also, at the closing of your case, it is important for your attorney to provide you with a written document of settlement that sets forward for the funds gathered and the reductions from the amount and the total amount paid to the client.
An insurance adjuster is calling me? What must I do?
If an insurance adjuster calls you, you must not speak with him/her for anyone else who is involved in the litigation process. You must remember that they may seem to be very friendly and also sympathetic towards you, but most certainly, they would try to coax various statements from you and try to minimize or eliminate the liabilities of their insured. So, if an insurance adjuster is calling you, simply ask him to contact your attorney or your insurance company and not you.
I have met a personal injury. How much is my case worth?
Every personal injury case is different and therefore, the seriousness of the injuries and the required medical attention will also vary. As per the severity of the injury and the worth of necessary medical attention, the amount of compensation or the worth of your case will be determined. You can complete compensation for your medical expenses, your lost wages, and other expenses caused due to the injury.
In my personal injury case, I had a previously existing medical condition. What should I do?
If you have a pre-existing condition you can still claim compensation for your damages from the one who was at fault during the injury. However, the amount of compensation for the damages might be slightly reduced for accounting for the “pre-existing condition”. These cases may often become a bit complex and thus it is recommended that you take help from legal experts and thus should hire an attorney for further assistance.
After a personal injury, I am not feeling hurt. What should I do?
You need to remember that it is absolutely normal sometimes not to feel any pain after an injury. When you are in shock, your adrenaline does its work to overcome the pain of your accident or trauma. Therefore, the proceedings would be even if you are not feeling pain after a personal injury.
What is the estimated time required to settle my claim?
There are only a few cases of personal injuries that go to trial. The overwhelming majorities tend to end in a settlement with an insurance company or a defendant. Therefore, it is uncertain and difficult to predict the exact time that might be required to reach a settlement. But, a general rule is that often the cases involving an ample amount of money and significant physical injuries tend to take a longer period of time than the normal ones.
“Release in a settlement”: What does it mean?
A release in a settlement is basically a document that you sign in return for getting the “settlement money”. A release in a settlement document tends to provide that you release all the legal claims and the insurer on the basis of the personal injury. You need to know that a release covers not only the claims against the sued defendants or the one who had paid a settlement but also the other potential defendants or a party who was not involved in the process of litigation.
I had a personal injury at my workplace. What should I do?
Many companies have a workers’ compensation claim and in case of a personal injury at your workplace, you must seek such a policy. Under the coverage of the workers’ compensation, the bill of your medical expenses would be paid. The bills covered under the workers’ compensation claim would depend on its plan and might vary. You can hire a legal expert to get further assistance to understand your proceedings in case you face a personal injury at your workplace.
What is the way to get a workers compensation benefit?
If you have encountered a personal injury at your workplace or while at the job, you should have a conversation with an expert attorney regarding your workers’ compensation claims pertaining to your situation. You can seek to claim your compensation for your medical expenses and the costs caused by any injury related to your job at your workplace. You need to know that the insurance companies and the company owners often use various strategies to avoid paying out on the workers’ claims. In case you face a denial of your workers’ compensation claim, you can contact a legal expert, or an attorney to advise you regarding your further proceedings.
Until I am getting my settlements, how can I pay my medical bills?
In case of a personal injury, until you get your case settlements, you may use your “Personal Injury Protection” coverage or PIP. You need to understand that until the case gets settled, the defendant’s insurance would not pay for your bills and hence you might need to pay your bills for the initial period. By using PIP, you can apply for any medical payment coverage or any kind of health insurance coverage after your injury. In case of a workplace injury, the workers’ compensation benefits can be used for paying the medical bills. In case you have no insurance, you would then need to visit a hospital or a doctor who would treat you under an agreement that states that they would pay your initial medical bills initially on your behalf but would better later be paid from your eventual settlement costs.
What is the role of a lawyer in a personal injury case?
An injury lawyer is basically responsible for talking to the clients, interviewing them, and assessing the case. You need to know that the most significant mandate of a personal injury lawyer is that they help their clients to get the compensation they deserve and fetch justice to them after the clients undergo any kind of personal loss or suffering. A personal injury lawyer is responsible for filing legal complaints and also offers valuable legal advice and represents the client in court in case a lawsuit needs to be filed. The primary purpose of a personal injury attorney is to seek justice and compensation for his/her clients who had suffered the injury.
Should I have a lawyer in a personal injury case?
A personal injury is a serious matter that should not be taken lightly. Thus, it is often recommended to have a lawyer in such a case who would be able to keep current with various new and latest developments within the “personal injury law”. You should be careful while choosing your personal injury lawyer ensuring that he or she has proficient experience in dealing with insurance companies.