Question:
Do I need a lawyer?
Answer: No matter what kind of accident you have been involved in,
you should get a competent legal opinion on your rights and
responsibilities that were affected by the accident. Legal rights are
affected by any accident and it is in your best interests to have a
knowledgeable attorney review the facts of your case before deciding what
course of action to pursue. An experienced attorney can evaluate your case
and tell you what to expect. The attorney can recommend appropriate
medical treatment, negotiate a replacement automobile, negotiate to have
your automobile repaired, and negotiate a fair and full settlement with
the insurance company that takes into account all of your damages,
including your pain and suffering. And you can find out all this in an
initial, no-cost, no-obligation consultation.
The other option open to you is to attempt to negotiate for yourself.
Against the battery of lawyers and claims adjusters employed by the
insurance company. Who get paid, praised and promoted for keeping their
side's costs down. Who know the business, know what to look for that might
be hidden, waiting to be discovered only after the settlement check has
been cashed and your rights to a full and fair compensation for your
injuries, to yourself and your car, irretrievably thrown away.
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Question:
What will this cost me?
Answer: Using an experienced attorney can actually increase the
amount of money you will be paid to compensate you for the accident, so
that even after the attorney's fee is paid you will have more money in
your pocket than if you attempted to represent yourself. An experienced
trial attorney knows what you are entitled to receive as compensation. He
or she knows all that you should receive to put you back in the position
you were in immediately before the accident, and the insurance companies
know this. Having an experienced trial attorney on your side, representing
only you, tells the insurance company that you are serious about
protecting your rights. They know better than to try a low-ball offer,
misrepresent their obligations or tell you that you have to take whatever
they offer. Peace of mind from knowing your interests are being protected
allows you to get back to your life with as few delays as possible and
with a settlement that fairly compensates you for the accident.
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Question:
What is a contingency fee?
Answer: A contingency fee has been called the poor man's key to the
courthouse. You agree to pay a percentage of the amount your attorney
obtains for you in exchange for the legal representation and expertise of
the attorney. This fee is paid from the proceeds of the settlement, so you
do not have to pay any money out of your own pocket to get aggressive
protection of your rights. If there is no recovery, there is no fee.
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Question:
Will I have to sue?
Answer: Sometimes a lawsuit is the only option when the insurance
company offers an unfair settlement amount. It is then necessary to sue to
protect your rights to full and fair compensation. An experienced trial
attorney can calculate the value of your case so you will know whether the
offer from the insurance company is adequate or not.
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Question:
Isn't it better to take the insurance
company's settlement offer instead of risking a trial where I might lose
and get nothing?
Answer: Your attorney can advise you but it is your claim and your
injury so you have to make the final decision of whether to settle or go
to trial. Your attorney's experience can guide you in making your
decision. He or she knows the chances of success at trial and how far
below a full and adequate settlement the insurance offer is.
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Question:
What can I
expect to get from the insurance company?
Answer: You are entitled to 'be made whole," which is legal
language for your right to be put back in the same position after the
settlement as you were in immediately before the accident. Some of the
process of making you whole is easily calculated and other aspects are
more difficult.
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Question:
What will I get for my injuries?
Answer: You are entitled to be fully compensated for your injuries.
The amount necessary to compensate you fully obviously causes the most
problems in arriving at a settlement figure acceptable to both sides.
There is usually little argument over the compensation for time missed
from work and lost wages, doctor and hospital bills, rehabilitation costs,
transportation to and from the doctor and therapists. You will have
receipts for these expenses. The controversy arises when you attempt to
put a dollar value on the more intangible injuries you have suffered, such
as loss of consortium, loss of sexual capacity or desire, emotional
distress, pain and suffering, loss of future earnings and loss of future
enjoyment of life.
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Question:
You can put a value on
the loss of sex?
Answer: Yes. If the accident has disrupted your sex life, the
person who is responsible for the accident should pay for what he or she
caused. It is your right to enjoy your sex life without interference.
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Question:
What is emotional distress?
Answer: An accident is a traumatic event that causes emotional
distress to those involved. Obviously not every fender-bender causes
distress in the persons affected, but major accidents can well cause
severe emotional distress. It is a serious problem in some accidents.
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Question:
How do you know
what pain and suffering is worth?
Answer: Finding an acceptable amount for your pain and suffering
requires experience with many similar cases. Pain and suffering awards are
necessarily subjective and usually are based on similar cases, so the
attorney's knowledge of the community and insurance companies is most
important here.
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Question:
What is loss of future earnings?
Answer: If you have been seriously injured, you may not be able to
resume the same type of work you did previously or be able to work as hard
or as long. Since your decreased ability to work was the result of the
accident, the person who caused the accident should compensate you for
your loss in earning potential. In the same way, you have a right to be
compensated for any decrease in your ability to enjoy the things you did
before the accident that are now not possible for you (loss of future
enjoyment of life).
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Question:
How do I know how much
money I should get?
Answer: Insurance companies count on you not knowing the true value
of your claim. They try to tell you what it is worth and settle with you
before an experienced attorney reviews the facts of the case. Your
attorney knows how much money will be necessary to fully compensate you
for your injuries and the insurance companies know that. Talk with your
attorney so that you will know how much is fair in your case.
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IF
YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF
AN EXPERIENCED PERSONAL INJURY LAWYER. CALL CHARLES ROBERTS PA TODAY FOR
YOUR FREE CONSULTATION OR CLICK HERE TO FILL OUT
OUR ONLINE FORM
