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7 FREQUENTLY ASKED QUESTIONS ABOUT PERSONAL INJURY LAW

Published January 4th, 2018 in Blog Post Personal Injury

  1. What is the value of my case?

The value of your case is tied to the nature and extent of your injuries. Commonly, you can be compensated for medical bills, lost wages, pain and suffering, loss of spousal support and hedonic damages. I frequently will review the medical records, medical bills and lost wage documentation and provide an opinion regarding value.

  1. How do I pay my Personal Injury Lawyer?

Personal Injury cases are contingency fee arrangements. Unlike a divorce or a criminal base case, where you pay a retainer and pay the attorney on a monthly basis. The fee agreement allows the attorney to be paid 1/3 of the total recovery. If a settlement or favorable verdict is not achieved, you will owe nothing to the attorney.

  1. If I do not have health insurance, will the medical providers take my bill to collections?

The answer is, it depends. Many times, we will send medical providers a letter of protection, which advises them that you have legal counsel and that they will be reimbursed at the end of the case. Usually, it will get them to wait for payment and stop the harassing calls.

  1. What happens if I am in a car accident and the person does not have car insurance?

In New Hampshire, there is no requirement to carry or maintain auto insurance. Many times, clients will contact me who was involved in an accident, and the other driver does not have any insurance and thinks that they are not getting any recovery. However, if the innocent person that was hit has auto insurance, commonly they likely have uninsured motorist coverage (UM), which provides benefits if you are injured by an uninsured motorist. If the other driver does not have insurance, I recommend that you contact an attorney, as there may be benefits that you are entitled to.

  1. The insurance company wants me to a sign a release. Should I sign it?

No, you should not sign a release without having an attorney review it. Releases are drafted by attorneys for the insurance company and may preclude further action on your case. It is important that you speak with an attorney before signing a release.

  1. Do all cases require a trial?

No. Many cases, in fact over 95% of cases are settled before trial. Cases are often resolved before filing suit and cases are settled at mediation before trial. If you wish to settle your case, it is important that you gather all necessary documentation, including medical bills, medical records and lost wage documentation to adequately value your case and so the insurance company puts forth a fair settlement offer.

  1. What if my doctor does not want to get involved in the case?

We see this frequently that many treating providers do not want to get involved in any personal injury litigation. It would be helpful if you have a supportive treating provider who is willing to write a letter or provide other documentation regarding your injuries, but you may still proceed without one. Frequently, we will hire medical experts who will testify about the nature of your injuries and whether they are causally related to the motor vehicle accident.

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