The purpose of this information is to enlighten you about personal injury law and to explain how the different parties involved will handle your case. A thorough understanding of the details of your personal injury case can help promote a fair, adequate settlement.
Q: What is the most important thing for me to do after my injury?
The most important thing for you to do, quite simply, is to recover from your injury. The law requires injured people to “mitigate their damages.” In other words, the law requires you to do that which is necessary to improve your physical condition and recover from your injury.
Q: How will my lawyer handle my case?
After initial meetings with you, your lawyer will investigate your claim. This usually requires a review of some or all of the following:
- Witness statements
- Police reports
- A possible visit to the scene of the incident
- A review of appropriate laws
- A review of all medical reports
Q: How will my lawyer be paid and what is a contingent fee agreement?
In almost all personal injury cases, your attorney will be paid by keeping a percentage or portion of the final settlement or court award resulting from you injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires, for your protection and that of your lawyer, a written contract which specifies the fee he or she will charge so there will be no misunderstanding about how much your case will cost.
Q: What can I do to convince the insurance company that my claim is valid?
As stated above, the most important thing you can do is to recover as quickly as possible from your injury. Insurance company personnel tend to believe those people who actively try to recover from their injuries. Also, insurance companies believe those people who can document their injuries through medical bills, credible medical reports and accurate lost wage information that is neither exaggerated nor subject to dispute and interpretation.
Q: When will my case settle?
It is impossible in the early stages of a personal injury claim to predict when that particular claim will actually settle. Some cases settle in a matter of months after the injury while others can take years to get to settlement or trial.
Q: How much is my case worth?
This question is one of the most frequently asked questions and is also very difficult to answer in the early stages. It is virtually impossible to predict the value of a case until all of the information has been collected and you have recovered or almost recovered from your injury. There are many factors that determine the value of a case and reasons for settling. Some include:
- The actual amount of all of your medical bills.
- How much income and other employment benefits were lost as a result of your injury.
- Whether or not any aspect of your injuries are permanent. This would also include permanent disfigurement such as scars, blemishes and other disfigurement characteristics.
Q: After the insurance company and my attorney agree upon settlement, how long will it take to get my money?
After an agreement has been reached between the insurance company and you through your lawyer, it usually takes between two and six weeks to complete the settlement process. There may be exceptions to his range, but the average time to sign all documents, receive the check, and figure out the exact proceeds for each party usually requires at least a month.
Q: What has to be done before I get the money that is due me from the settlement?
First, the insurance company will require that you, and perhaps your spouse, sign a release. This is a document that settles your claim. In the release you will read language stating that you are forever giving up your right to sue the person, persons or company who was responsible for your injuries. In exchange for giving up your claim, you will receive a certain sum of money when the insurance company receives the release.
Second, your lawyer will have to pay medical bills that have not been paid and may be required to reimburse any insurance company that has expended money for medical bills.
Third, your lawyer will deduct attorney’s fees, out-of-pocket expenses, and other possible costs associated with the claim. After all deductions have been made, you will receive the balance in a check processed from your own attorney’s office.
Q: What factors would cause my case to go to litigation?
There are usually several reasons why a case does not settle including the following:
- The insurance company believes that you and your lawyer have asked for more money than they are willing to pay voluntarily for the claim.
- Liability, that is, who is at fault, is either being denied by the insurance company or the insurance company believes that you and/or some other party bear some responsibility for your own injuries.
- The insurance company does not believe that you were injured, or that you were injured as badly as you claim.
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