Motor Vehicle Accident F.A.Q.’s

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1. I received a call from the insurance company and they told me I needed to sign some papers before they could submit my claim. How do I know what papers I should sign and shouldn’t sign?

Unless you are familiar with insurance law, it is unreasonable for you to know what you should sign and what you shouldn’t sign. The safe thing to do is not to sign or say anything to the insurance adjuster before speaking with an attorney. Signing or saying something you shouldn’t might significantly affect the value of your claim and limit your rights to pursue a claim. Insurance adjusters work for the insurance company, not you. They get paid to minimize the value of claims, and are very knowledgeable of the laws and know how to work the system. This puts you at a disadvantage. An experienced attorney understands the law and will deal with the insurance company so you don’t have to. If you’re worried that you’ve signed something you shouldn’t have, you should contact an attorney to make sure you haven’t signed away your rights to pursue a claim.

2. What if I can’t afford an attorney?

Most attorneys work on a contingent fee basis. This means that you will not be charged a fee unless a settlement or judgment is recovered on your behalf. If a recovery is made, then the attorney fees come out of a pre-agreed upon percentage of the gross amount recovered. We also advance the costs associated with investigating your case, including the cost of obtaining police, medical, and other records that are necessary to successfully represent your claim. You are responsible for these costs only if money is collected for you. Our firm charges a 33 1/3 % contingent fee on personal injury cases, while other law firms are known to charge anywhere from 35% to 50% and may apply additional expenses if the matter goes into litigation. Different fees may be charged for different types of cases, such as medical malpractice and social security, and you should contact an attorney to discuss these fees.

3. What is my case worth?

This is probably the question that attorneys hear the most. Before an accurate determination as to the value of a case can be made, it is necessary to review all available information about your case, including medical records, police reports, lost wages, and medical progress. Your case may also warrant compensation for the potential of future impairment, future lost wages, ongoing treatment, and pain and suffering. Although every case is different, an attorney may be able to analyze your case based on prior similar injuries and circumstances of past cases. An attorney who states that your case is worth a certain dollar amount without adequately investigating your claim is performing you a disservice. A mistake that we often see is that victims tend to wait for weeks after the accident before contacting an attorney. It is very important that an attorney be contacted within a reasonable time after an accident so valuable information is not lost, which may lead to reducing the value of your claim.

4. When is the right time to accept a settlement offer?

Accepting a settlement offer can be a difficult decision. You should understand that once the matter is settled, the case is closed. One of our primary concerns is to help get our client the medical treatment necessary to make a full recovery, or as much of a recovery as possible from the injuries sustained in the accident. Only when a position is reached where doctors can reasonably determine the full extent of our client’s injuries, is it the appropriate time to entertain a settlement offer. Accepting an offer beforehand can place a financial burden on our client and their family for years to come.

As you may know, many insurance companies like to settle cases as quickly as possible, with hopes of paying the victim less compensation than what they should receive. That is their job. For this reason, our firm does not practice accepting “quick settlement” offers. Although we will provide you with the information regarding the fairness of the offer, the final decision to accept an offer is yours.

5. Once a lawsuit is filed, how long does it take until the case is finished?

A number of unknown variables pertaining to your particular case makes it very difficult to predict how long a lawsuit will take. A main factor in any lawsuit includes the availability of information, and the willingness of those individuals involved in the case to provide us with the information needed to pursue your claim. Cases can vary in length from weeks, months, even years in some instances. Another factor is how long it takes for you to recover for your injuries. You shouldn’t consider settling with the insurance company until you have recovered as much as possible from your injuries, and you have been released by the doctor. This gives you the best chance to receive full compensation for your injuries. We can assure you that your case will never be delayed by this office, and we will be glad to let you know at any time how your case is progressing.

6. What kinds of cases do you handle?

We place an emphasis on representing individuals who have been injured or killed as a result of someone else’s negligence. While our attorneys have the experience and knowledge to handle most cases, our attorneys focus on cases involving personal injury, medical malpractice, and social security. We have a special interest in representing automobile accidents, and victims of drunk drivers. If for some reason we are unable to help you with your case, we may know someone who can.

7. My insurance company told me that hiring an attorney is not necessary. How do I know if I can handle the case myself?

If your claim involves only minor personal property loss, chances are that you may not need an attorney to help resolve the issue. However, if the matter involves a serious injury or death, mounting doctor bills, ongoing treatment, lost wages, and pain and suffering, you should contact an attorney before speaking with the insurance company. Saying the wrong thing to an insurance adjuster, or signing the wrong document, could result in you losing your right to file a claim or risk receiving full compensation for your claim.

All insurance companies will tell you that hiring an attorney is not necessary and will assure you that you will receive a fair settlement, regardless of the size of the claim. You should understand that personal injury cases involve individuals who represent your insurance adjuster along with lawyers who are hired by your insurance company to serve their best interests, not yours. These individuals seek to minimize the insurance companies’ losses by aggressively defending claims and offering a “quick settlement,” with hopes of paying you less than you are entitled.

Unless you are experienced in negotiating with insurance companies, possess the knowledge to understand complex insurance issues and insurance law, and have access to all the information necessary in order to make an informed decision about whether or not a settlement offer is fair, you should contact an attorney. An attorney will review your case with you at no cost, then you can decide whether or not you need an attorney - without your insurance company deciding for you.

8. What does uninsured and underinsured motorist coverage mean?

Uninsured and underinsured coverage is coverage you purchase under your own automobile insurance policy. Uninsured coverage provides you with protection or coverage if you are injured in an automobile accident and the other party, who is at fault, does not have automobile insurance.

Underinsured coverage provides you with protection or coverage if you are injured in an automobile accident and the other party, who is at fault, does not have enough automobile insurance to compensate you for your damages.

9. Will my insurance premiums increase if I make an uninsured or underinsured claim under my own policy?

In most cases, your claim under these coverages will not increase your premiums. When you make such a claim, it is because the accident was the other person’s fault. Keep in mind that you have paid premiums for this coverage, and it is your right to make a claim when the need arises.

10. If I file a personal injury claim, will the person that caused the accident have to pay anything to me or spend time in jail?

A personal injury claim is a civil case, not a criminal case, so the person who caused the accident will not go to jail or be fined because of your personal injury claim against them. In addition, most personal injury claims are paid by insurance, and are defended by lawyers who work for the insurance company. So the person or corporation you sue will not have to pay anything directly to you, but their insurance carrier might be required to pay you under the terms of their coverage.

11. Should I release my medical records to the insurance company?

In order to make sure your rights are being protected, releases should only be signed under limited circumstances and only after consulting with an attorney. This is especially true with cases involving serious injury or death. Releasing information to the insurance company could hurt your case.

12. How do I decide if I need to hire an attorney?

There are situations where hiring an attorney is not necessary. Small claims court in West Virginia, for example, will handle claims up to $5,000. If your injury is minor, one that will not result in any incapacity, or substantial medical care, then you may want to settle the claim yourself in small claims court.

An attorney should be consulted if you have been seriously injured or the outcome of your injuries are unknown. These cases can get extremely complicated, and without the knowledge of complex insurance laws and policy revisions, a person can easily give away valuable rights and lose reasonable compensation. An attorney has the legal expertise, time, and resources to effectively handle your claim, and will make sure your rights are protected.

13. What is the statute of limitations on my minor child’s personal injury case?

The statute of limitations vary by state and also by cause of action. In West Virginia, Ohio, and Pennsylvania, generally a personal injury claim must be brought within two years of the date of the injury. For minors, the statute of limitations begins to run on the minor’s 18th birthday. Certain states, such as Pennsylvania, have additional special rules for minors. In Pennsylvania, if a minor is totally self-supporting, or “emancipated,” at the time of the injury, he or she must file suit within two years of the date when the injury occurred. If the minor is “unemancipated,”meaning he or she is not totally self-supporting, then suit must be filed within two years of his or her 18th birthday.

Please be advised that any medical expenses incurred because of the minor’s personal injury claim is the responsibility of the parent, and the parent’s claim for their child’s medical expenses can expire within 2 years of the incident.

Statute of limitations may vary for other types of cases and you should contact an attorney to determine the statute of limitations for your specific situation. Failure to comply with the statute of limitations will result in losing your right to file a claim.

14. What is meant by Statute of Limitations?

The statutes of limitations are time frames in which you have to file a lawsuit, and are established by the law. If the statute of limitations expires on your case before you file a lawsuit, you have lost your right to file a claim and you no longer have a case. Statutes of limitations vary not only from state to state, but also from case to case. Certain personal injury cases may have deadlines to file anywhere from one to three years from the date of injury, while medical malpractice and wrongful death actions might have shorter statute of limitations. Usually there are also special rules for minors, individuals under 18 years of age, and those who are mentally handicapped . An experienced attorney can help you determine what the statutes of limitations are for your case.

15. How do I know if I have a Personal Injury claim?

To have a personal injury claim, you must be able to show that you have been injured by someone else’s negligence or carelessness. Even if you are partially at fault, you might have a claim if you can show that the other party was more at fault for the injury than you are.

16. I received a call from the insurance company and they asked me to provide a statement about my accident. Should I?

The more significant the injuries, the more consideration should be given to consulting with an attorney before giving any information to the insurance company. Any information you give to the insurance company can be used against you, and may limit your rights to pursue a claim. An attorney will know what information to share with the insurance company in order to protect your rights to pursue a claim.

17. I was injured in an accident, and it was the other person’s fault. Can the insurance company refuse to pay my medical bills if my car wasn’t damaged?

No, if your injuries were a result of the accident, the insurance company should pay your medical bills. Oftentimes insurance companies will look at the damage to the vehicle and try to make a connection between the damage and the injuries to be expected based on the damage. A lot of times small impact collisions will cause significant injuries, while we all have heard of people walking away from a major accident with only cuts and bruises.

18. Can the insurance company refuse to pay due to a pre-existing injury?

No. As we go through life, many people suffer various injuries that may be considered “pre-existing.” If additional harm is caused to the pre-existing injury, or the pre-existing injury flares up as a result of the accident, the insurance company has a responsibility to compensate the victim for the injuries sustained in the accident.

19. Should I seek medical attention after an accident even if I’m not sure that I’ve been injured?

If you’re not sure if you’ve been injured, it’s always a good idea to see a doctor. Submitting a claim with the insurance company without knowing the full extent of your damages, including injuries, can place a financial hardship on you and your family. Once a case is settled, you cannot go back and re-open the case and receive additional compensation for your injuries.

20. Are medical bills included in a bodily injury claim?

In general, a bodily injury claim usually refers to a personal injury claim. Examples of economic damages would include, but not limited to, lost wages, medical bills, and rental car expenses. Other damages you may collect in a bodily injury claim are “general damages.” These include pain and suffering, humiliation, and distress. It is important that when you settle a bodily injury claim that your claim includes all available types of damages, or you may lose the right to recover those losses.

21. What are the issues affecting the damages that can be recovered in a personal injury case?

Every case addresses three issues:

A. Liability - was someone negligent?
B. Causation - the injuries sustained must be linked to the negligent party’s actions.
C. Damages - the amount that will fairly and adequately compensate the injured party.
D. Source of Collection - is there insurance or other assets from which damages can be recovered?

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