If you have been injured or are here on someone’s behalf, you probably have questions. More often than not, you have never dealt with this type of situation before, and it’s common for new questions to arise. Below are a few of the most commonly asked questions with some general answers. Please keep in mind this is NOT legal advice for your specific case and it is only intended to provide general information to the public. If you want answers specific to your case, or desire a more thorough explanation, please contact me.
What exactly is an injury claim?
An injury claim is a demand to an insurance company for the repayment of damages related to an injury incurred in an accident. The recoverable damages are generally medical bills (past, present, and future), lost wages, impaired earning capacity, and pain and suffering damages.
To fully recover these damages, claims may have to be brought against one or more insurance policies or insurance companies – for example your health insurance policy, your personal injury protection policy, your uninsured motorist/underinsured motorist policy, your worker’s compensation policy, the responsible party’s liability policy, and/or the responsible party’s employer’s policy. For most policies it is your responsibility to prove your damages before an insurance company will pay a fair amount.
The existence of multiple insurance policies coming into play can result in varying interpretations and responses from the insurers, thus complicating and delaying the resolution of your claim. Since the process is quite lengthy, and there are applicable legal time limitations, you should start the process of evaluating your claim immediately.
Do I have a claim?
Have you been injured in some type of accident? In order to have a legitimate claim for an injury, you must have an actual injury. Further, the existence of the injury should be documented (ideally) by health care providers. Lastly, if your injury is the result of another’s carelessness, chances are you have a valid claim.
Do I need an attorney?
When thinking of hiring an attorney to handle your claim, it’s helpful to ask yourself the following questions: Do you have the energy and stamina to collect necessary documentation, handle the correspondence, and hound the involved parties including claims adjusters, medical providers, medical billing offices, bill collectors, witnesses, therapists, and more? Do you have the expertise and tenacity to negotiate against those who do this kind of thing on a daily basis? The attorney is your advocate, and he or she seeks a settlement which truly reflects the real cost of what the injury has meant in your life. After all, do you routinely handle your own surgeries, repair your own plasma screen television, or install your own electrical panel? If the job requires an expert, get an expert.
How much does it cost to hire an attorney?
Jackson Law Office is a contingency-based firm, meaning we don’t charge a retainer or hourly rate for legal services on personal injury claims. Bottom line, our fees are collected when a successful recovery is obtained. We don’t get paid until you get paid.
Is there a time limit on my case?
As with most cases, personal injury claims have a statute of limitations, or an expiration date. For most personal injury cases, that limit is two years. The limit for most workers compensation cases is three years, but you must have notified your company you had an injury within 45 days of the injury. Keep in mind each case is different and for a definitive answer, you should consult an attorney. Once the expiration date passes, there is no rewind button.
If I file a claim, will I have to go to court?
A common misconception among those injured in an accident is that, in order to resolve a claim, you must file a lawsuit and go to court. This is almost never the case; an experienced personal injury attorney can help you resolve your injury claim prior to the filing of the lawsuit. In fact, the vast majority of appropriately handled injury claims do not result in filing a lawsuit and trial.
How much is my case worth?
Each case is different, and there is no set dollar amount or hypotheticals. Without having intimate knowledge of your specific circumstances, there is no way to gauge your potential reward. A word of caution, no other attorney should give you a dollar amount without reviewing your case either. I offer free a consultation to review your case.
How long does a case take?
There is no rule of thumb for personal injury cases. Your injury has it’s own roadmap and resolution time. I work diligently to resolve your cases in a timely manner – you don’t get paid waiting. Once I know more about your specific case, I can tell you more about the time it will take to get it resolved.
If I had an injury before, will that ruin my case?
In a word, no. When it comes to previous injuries however, honesty is the best policy. The insurance company will find out about previous injuries. But, even if you had the same or similar problem before, the law allows us to make a claim for the exacerbation of a pre-existing injury.
If I decide to file a claim and hire an attorney, what is expected of me?
Once you’ve hired a personal injury attorney to be your advocate, your job is simple. First, tell the story of your injury; how it occurred, who the witnesses are, what medical care you’ve required and who you are seeing to obtain the care. You then authorize the release of your medical records to me, and keep me updated on anything that changes in your situation. Examples include new or different employment, change of address, change in medical care, and any information received via email or mail in regards to your injury. You may have to come to my office on occasion, but I’ll handle everything else.
I’ve already filed a claim and settled. Is there anything more you can do for me?
Most likely not. Once you’ve signed papers on a claim, the case is settled and cannot be renegotiated. There are situations where a settlement agreement is unenforceable, the most common are situations where the claimant was under duress, incapacitated, or a victim of fraud.
Why Choose Us?
- Flexible Appointment Availability
- Personal Attention On Every Case
- Free Initial Consultation
- Local Representation
- No Fees Unless Successful
- Evening Hours
- Talk Directly To An Attorney
- Free Case Evaluation