Personal Injury FAQ
I recently had an auto accident. What should I do?
If you were injured, it is important that you seek medical care. A personal injury claim requires that you have a "paper trail" showing that you sought medical treatment in a timely fashion. Also, be aware that the other party's insurance company may request that you give a recorded statement regarding the accident.
Discuss this first with your attorney. Recorded statements given by an injured person to the other party's insurance company are sometimes used against that person during later negotiations for a settlement.
What will be my cost for legal services?
Personal injury claims are handled on a "contingency fee" basis. That means that our receipt of legal fees is contingent on you getting a monetary recovery in your case. This is good for you because if we are not able to recover money for you, you do not have to pay for our attorney fees.
Also, we are more generous than other law offices. We allow for medical payments to be paid before our fees. This is a big difference for the client because it means they end up with about 50% more money.
Generally, if your case is settled in the pre-trial period, our fee is 33% plus costs. Our fees are not taken out of any property damage recovery provided to you to compensate you for the loss of something like a damaged automobile. You get all the money for property damage.
Do I get an attorney to handle my personal injury claim?
Yes, If you feel you have been injured and need to seek medical care, and the other party was at fault, then you probably will be dealing with an insurance company who has little interest in your welfare.
Insurance companies have trained insurance adjusters and access to experienced attorneys whose primary goal is to save their corporation money. Also, handling a personal injury case is very complicated and time consuming.
Hiring an attorney is your best choice.
How do you place a value on my personal injury claim?
The value of a personal injury claim is based upon several factors, including:
- Past and future medical care
- Physical impairment
- Lost wages
- Disfigurement
- Pain and suffering
- Mental anguish
The amounts within each element are arrived at through various means.
Do most personal injury cases settle out of court?
Yes, a majority of cases traditionally have settled prior to trial. Our goal is to settle your case prior to the necessity of filing a lawsuit.
Does the insurer in my personal injury case have to give me a rental car?
If it's your insurance company, it depends upon whether you have rental car coverage. If it's the other side's insurance company, and the other party is at fault for your injuries, it depends on a few factors.
If your car is repairable, the at-fault party's insurance company will typically provide you with a rental car for a "reasonable" period of time. The definition of a "reasonable period of time" is often subject to disagreement between you and the insurance company.
If your car is totaled, most insurance companies will provide you with a rental car until such time that they give you a "reasonable" offer for your car. The providing of a rental car by the at-fault party"s insurance company oftentimes causes disputes.
An attorney may be able to assist you in coming to an acceptable solution should the issue arise with your personal injury case.
In my personal injury case, do I have to take my car to the shop the insurer recommends?
No. You can take your car to any shop you desire. However, taking your car to a reputable and well established repair shop may affect the strength of your case. Discuss this with your attorney.
In my personal injury case, should I take pictures of my injuries and vehicle damage?
Yes, it is a good idea to take several pictures from various angles of your damaged vehicle. It is also extremely helpful to take pictures of your injuries.
If I accept a settlement for property damage in my personal injury case, does that mean my case is settled?
Most cases consist of two parts: property damage and personal injury.
If you sign a settlement for property damage, you may be asked to sign a release of your personal injury claim, or the check (which you will be required to endorse) may have a release of your personal injury claim printed on it.
Therefore, you should be very aware of what the release says. An attorney can assist you in interpreting the contents of any release presented to you by the other side's insurance company.
Email us: lawyer@colosia.com