Questions to Ask a Lawyer or Attorney in Regard to Personal Injury
Here are some of questions regarding a lawyers or attorney that accident victims
and those with personal injury frequently ask.
When accidents happen why are lawyers involved?
Many accidents don't just happen on their own. They result from someone's carelessness
or recklessness, or hazardous conditions, or defective products, or placing you in
dangerous circumstances. Very often, accidents cause injury to people, damage property
and businesses interests, and create expenses that innocent parties have to pay, for
something that was not their fault.
When the person responsible for the accident refuses to take full and prompt responsibility
for it, and pay you everything you are entitled "to make you whole", very
often a lawyer's services are essential so that you can recover what the law allows
you to recover.
In many cases, a lawyer's involvement also tends to have the person or firm responsible
for the accident take corrective action, so someone else will not be similarly injured
in the future. For example if a bus company allowed its drivers to speed, or does
not comply with standard safety standards, once a lawyer appears on the scene, the
bus company may crack down on speeding, install appropriate safety equipment and properly
maintain its busses, thus helping others from being injured in future bus accidents.
Do people need a lawyer for all accidents?
No. Where the injury is slight, the damages are very minor, and the circumstances
that caused the injury are unlikely to recur, it usually makes sense "to pick
yourself up, brush yourself off, and start all over again" - essentially forget
about it. For example, if it is a minor parking lot fender bender, your auto insurance
company may take care of everything except the deductible, or the other driver's company
may do so, and it may not be worth your while to try to get that back, even in small
claims court.
But what if the accident is not trivial. You may incur a real injury. You may have
major property damage. You may incur large medical fees not covered by your health
insurance, have a permanent scar, be unable to play your favorite sport, do your job,
or incur other meaningful expenses. If the matter is not minor, or the circumstances
are likely to occur again -- perhaps to someone else, then you should consult with
a lawyer, at least to have the lawyer assist you to consider your options. If you
and the lawyer conclude "you have a case" the lawyer may help you recover
for the injuries, expense and damage you sustained, and, at the same time, possibly
prevent a similar "accident" from happening to and injuring others.
Do I have to pay the lawyer in an accident case up front?
Generally, lawyers handle accident cases on a "contingent fee" basis. That
means that they do not charge you any fee, until and unless they recover money for
you. They then receive a percentage of what they help you recover.
In some states, depending on the type of case, the maximum percentage the lawyers
may charge is fixed by statute. In others it is what you and the lawyer work out between
you. Similarly, in some states the lawyer may advance the expenses of obtaining medical
records, accident reports, taking testimony, retaining experts out of his or her pocket,
and you may not have to repay the advances unless you win. However in other states,
laws require the client to front the out of pocket costs, or obligate the client to
repay the lawyer for them, regardless of the outcome of the case.
What if someone sues me?
Contact your insurance agent and your lawyer right away. Generally, your insurance
company will assign a lawyer to handle your case. But, if you are sued for more money
than your policy covers, you may need your own attorney too. Also, insurance company
lawyers do not handle traffic citations or criminal cases, such as hit and run charges.
If you are charged with a crime and cannot afford a lawyer, call your county's Public
Defender. Depending on your income, you may qualify for free assistance. To find the
Public Defender, look in the white pages under the name of your county.
What if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation - for your
personal injuries, pain and suffering, car damage and other expenses, such as lost
wages or the cost of a nurse needed after the accident. You should make a claim with
the other driver's insurance company. But, if you are not satisfied with the amount
they offer, you may want to sue. If you plan to sue, do not delay. There are time
limits for filing various types of claims, usually one year after the accident, but
sometimes much less so act quickly.
Many lawyers take auto accident cases on a contingent fee basis. That means you do
not pay the lawyer if you lose the case. If you win, you pay the lawyer a percentage
of the money you get. Most lawyers charge a smaller percentage if the case is settled
before the lawyer does all the work necessary to go to trial. If you and your lawyer
agree to a contingent fee, the lawyer must put the agreement in writing and give you
a signed copy. The contract should explain what percentage the lawyer will get if
you win and how it might vary. It should also state who will pay for any court costs.
We Can Help You After An Accident
When an accident happens to you, be prepared and knowledgeable. That is your best
protection. We have links to some of the best personal injury lawyers and specialized
accident attorneys that can advise you when you are in an accident or are injured
through someone else's fault.
If you have experienced an accident and have been injured,
call us at (877) 288-9733 today. We can refer you to the right personal injury and accident lawyers.
Call us now - (877) 288-9733
The information provided on AccidentTreatment.com is not intended to be legal
advice or medical opinion, but merely conveys general information related to legal
issues commonly encountered. The hiring of a lawyer is an important decision that
should not be based solely upon advertisements.
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