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Death and Injury -
Frequently Asked Questions
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What should I do if I am hurt in a collision?
First, make sure that you get help for all the injured people. Don't discuss the accident with anybody but the police. Save every scrap of paper anyone gives you regarding the situation. If an adjuster calls you from the insurance company of the person who injured you, do not discuss the facts of the accident or your injuries with them.
Even if all you say is the truth, the fact that you talked to the adjuster is usually used against you. It is okay to talk to the other person's insurance company to handle property damage, but that should be the extent of your conversations. It is usually okay to talk to your own insurance company, regarding your property damage, but not when you have uninsured motorist coverage.
You do not need to talk to your insurance company to get your doctor's bills paid. The doctor bill your insurance company directly.
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Won't their insurance get mad if I get a lawyer?
We don't think they care. When a person has been injured gets a lawyer, the lawyer sends a letter to the insurance company to that effect. The file is then usually transferred to a more experienced adjustor.
Also, you will not have to sue if you get an attorney, but if you don't get an attorney, and get one soon after an injury, you probably won't have a very strong lawsuit, you will have unwittingly damaged your case to such a great extent that most lawyers won't be able to help you.
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How will my attorney be
paid?
Most claims for injury and death are handled on a contingent basis, where your attorney is only paid if there is a recovery. Because contingent fees are a percentage of the recovery, if there is no recovery, there are no fees. Costs which your attorney has paid for you are paid of out of the recovery after the contingent fee is deducted.
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Who will pay my medical bills?
If it is an auto collision, your own car insurance will pay a portion of the bills first. It is called Personal Injury Protection, or No-Fault insurance. It is called No-Fault Insurance because it will start to pay bills right away, without having to wait to decide who is at fault for the collision.
If you are injured at work, your employer's worker compensation will pay for your initial treatment. Sometimes other insurance is available too.
When your health care coverage pays for injury related medical bills, they want to be paid back from a recovery of money you get from the person who injured you.
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Who will handle the estate for wrongful death?
In handling a claim for wrongful death, we frequently handle the estate or we canl help you choose another law firm to handle it. We will help you in deciding who should be the personal representative of the estate. The personal representative is someone who represents the estate in court. It is usually a family member. Sometimes the personal representative has already been chosen if a will has been made out. Executor is the old name for personal representative.
Although it is the most devastating loss a family can have, you only have two years to file a suit for wrongful death. You should start much earlier. If you talk to an attorney just before the two years are up, most attorneys will not help you. 4 to 6 months after the loss is the usual time when people go to a lawyer. Although it is important, seeing a lawyer is not the most important thing. Your family concerns come first. It is your duty to your family, to the person you lost, and to society as a whole that a wrongdoer should be brought to the light of day, so that such tragedies will happen less often in the future.
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