Personal Injury Q & A

How Will My Personal Injury Case Be Valued?

An experienced personal injury lawyer will have a general idea of the range of value of a case when the client first contacts him.  However, the final determination of the value of an injury depends on many factors, which were probably unknown when the client first contacted the lawyer.  The value of a case will depend on the injuries as well as the factual circumstances of the accident.  A significant injury may have less value because the liability issues are unclear.  In some cases, the value of a claim is reduced by the comparative negligence of the person bringing the claim.  Many factors in a case cannot be determined until after a thorough investigation.  The role of the attorney ultimately is to advise and make recommendation to the client whether or not to accept a settlement or go to trial.  The client is the ultimate decision-maker; the lawyer’s role is an advisor.

How Long Will It Take To Conclude My Case?

An experienced lawyer may be able to estimate how long a case may take to resolve.  Sometimes, a relatively simple case can take a long time to resolve because of disputed issues. In a personal injury case, most lawyers will not attempt to resolve a case until the client has reached maximum medical improvement, or the point at which the person is either healed or has reached a plateau where the physician has reported that the patient will not improve further.  The reason for this is the lawyer needs to know the future consequences, if any, of the injury, which will impact the outcome of the case.

Will the Case Go To Trial?

Most personal injury cases are settled.  However, until the lawyer knows the details of the accident and the nature and extent of the injuries, the lawyer cannot state with any degree of reliability whether or not the case may have to go to trial.  Whether or not a case goes to trial, an experienced lawyer will prepare the case as though it is going to trial and thereby get the best result by way of settlement.

What Is the Process once I Hire a Lawyer?

The lawyer will conduct a detailed client interview concerning your accident, injuries, your background, and any factors relevant to the case.  The client will be asked to sign authorizations for the lawyer to obtain the client’s medical records, etc.  The client will also be asked to sign a contingent fee agreement, which explains the terms of the legal representation.  The next phase is the initial investigation in which the lawyer will determine both the facts of the incident and the nature of the injuries suffered.  Claim letters will be sent to the person or company responsible for the client’s injuries and attempt to establish communication with the insurance company.  After the client has reached maximum medical improvement, the lawyer will attempt to settle the claim.  If the claim cannot be settled, the lawyer may elect to file suit.  Once suit is filed, the claim may take a year or more to be scheduled for trial.  While the suit is pending, the lawyer will undertake discovery, which is a further investigation of the facts of the case, in order to prepare the case for trial.

What Should You Do After an Automobile Accident?

• Obtain the name, address and telephone number of the all drivers involved in the accident.
• Obtain each driver’s car insurance company’s name and telephone number, and the policy number, if available.
• Report the accident immediately to the police and your insurance company, regardless of who is at fault.
• Cooperate with the police in preparing an accident report.
• Photograph the vehicles involved in the accident.
• See a physician without delay if you are experiencing pain.  Unfortunately, most times the pain will not subside without some treatment.
• Get legal advice before filling out insurance documents or giving recorded statements to any insurance company (even your own company), or meeting with any insurance company representative.
• Photograph your injuries.  This will support the magnitude of your injury as bruises and cuts may heal, but tissue beneath the skin may not completely heal.
• Gather all insurance policies in your household for evaluation by an attorney.  You may be entitled to insurance coverage for a separate insurance policy.
• Get legal advice before signing any check or document from an insurance company.

Too often, victims of auto accidents are unaware of what they need to do to protect themselves.  They place their trust in the insurance companies to guide them through the process.  However, most insurance companies do not have the best interest of their insureds in mind.  Speak to an attorney experienced in the area of personal injury and maximize your compensation while minimizing frustration, delay and confusion that almost all accident victims suffer.