FREQUENTLY ASKED QUESTIONS
If you've been injured in an accident, you need to protect your rights. Larry Peterson, will help you with the legal issues that have an effect on your case.
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Q: What is the most important thing for me to do after my injury?
A: First, arm yourself with knowledge. Pick up the telephone and call me for a free consultation. Find out what's to come and how to respond when it does. Call early, as soon as possible after you are injured, so that I can give advice that is timely and helpful. Second, your main job in the case is to get better. The more effort you put into getting better, the more likely the insurance company is going to want to settle with you. Working hard to return to health gives you credibility. This means:
- Do not miss appointments with your doctor. Stay in touch with your doctor and be certain to maintain your appointments. If you have to cancel, notify the doctor with as much notice as possible.
- Attend all physical therapy sessions prescribed. Your physician or hospital may prescribe therapy to help. If physical therapy is prescribed, be sure to keep your appointments and participate actively in the process.
- Do what your doctor tells you to do. If your physician prescribes certain medications, therapy exercises, or limitation on activities, follow your doctor's orders. Failure to follow your doctor's advice can be used against you.
Q: How do I pay my medical bills?
A: Your lawyer will discuss the payment of your medical bills in detail with you. One of the following methods for payment may be available:
- Personal Injury Protection (PIP) insurance coverage from your own automobile policy if you were in your automobile, on a bike or a pedestrian and involved in an automobile collision.
- Workers' compensation insurance if your injury occurred while you were working on the job and the injury occurred as a result of your employment.
- Your own health insurance.
- Your own personal funds if you were not insured and are able to pay medical bills as they are incurred.
- The liability insurance coverage for the person who caused your injuries. Such liability insurance coverage will most likely be paid at the time of settlement rather than during the period you incur the bills.
Q: How will my lawyer be paid? What is a contingent fee agreement?
A: In almost all personal injury cases, your attorney will be paid a percentage of the final settlement or judgment resulting from your injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires for your protection and that of you lawyer a written contract, which specifies the fee so there will be no misunderstanding about how much your case will cost. The agreement will provide that your lawyer will work diligently on your case in exchange for the percentage in the agreement. If there is no recovery, you owe no attorney fees.
Q: What other costs will there be in addition to the attorney fees?
A: The fee for your attorney is based upon the lawyer's work, time, effort and expertise. In addition, your attorney will advance costs specific to your case. Your attorney will make decisions necessary to obtain the reports, opinions or records needed to present your case. I do not ask you to reimburse me for costs until the case is over. In most small personal injury cases, these costs are not very much. Examples of these advanced costs include:
- Fees that doctors and hospitals charge for medical reports. Such reports may cost anywhere from a few dollars for simple copies to $100 or more for reports that have to be written or prepared specifically by your doctor.
- Costs of photographs. Photograph and other visual documentation (such as videotape) are extremely important in personal injury cases. If your attorney incurs expenses in having visual materials obtained or prepared, you may be responsible for such costs.
- Reports of experts. Reports from experts other than physicians may be required in your case and, if so, you will have to pay the cost that such experts charge for their reports.
- Litigation costs. If your case has to proceed to suit or litigation, there will be costs incurred as a result of the filing of such a lawsuit.
Q: How much is my case worth?
A: This question is one of the most frequently asked questions and is also very difficult to answer in the early stages. It is virtually impossible to predict the value of a case until all of the information has been collected and you are medically stationary. Many factors determine the value of a case:
- The amount of your medical bills.
- How the medical bills were incurred and whether they are from diagnostic tests, treatments, physical therapy, hospital stays, prescriptions, over the counter medication, chiropractic care, or other care or treatment.
- How much income and other employment benefits were lost as a result of your injury. This would include lost pay, sick leave used, vacation time used, loss of insurance benefits and other documented losses resulting from your injury.
- The extent of the injury and how it has affected your daily life. This would include limitations of household activities, sports, leisure activities and social life.
- Whether or not any aspect of your injuries is permanent. This would also include permanent disfigurement such as scars or blemishes.
- Whether any of your injuries required hospitalization.
- The extent of liability on the part of the potential defendant.
- Whether there is any evidence that you were partly at fault in causing your injuries.
- How the law applies to your case.
- The quality of your witnesses, including those who will testify about the incident, your injuries and your medical treatment.
- Pain, suffering, inconvenience and the impact on married life.
- The particular insurance company that is involved.
YOU DO NOT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU!
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Copyright 2007 Larry Peterson, Esq.
