Injury Claim/Compensation FAQs

Injury claim/compensation questions:

• What if I want to make an Injury claim for compensation on my injuries?
• What if someone sues me for an Injury compensation claim?
• Should I get physical check-up after the Injury?
• What should I do if the other driver does not have insurance?
• How does Injury attorney fee structures work?
• What is attorney-client privilege?
  

What if I want to make an Injury claim for compensation on my injuries?

If you plan to sue, do not delay. There are time limits on filing various types of Injury claim for compensation - usually one to two year after the Injury, but sometimes much less so act quickly, you can sue for $5,000 or less in small compensation claims court. An Injury attorney can't represent you in this court, but you can talk with one beforehand.

If you want to sue for a larger amount of compensation claim, you will need your own Injury attorney. An insurance company attorney cannot represent you if you are the person who is suing (the"plaintiff").

Many attorneys take Injury cases on a contingent "fee" basis. That means you do not pay the Injury attorney if you lose the case. If you win, you pay the Injury attorney a percentage of the money you get. Most Injury attorneys charge a smaller percentage if the case is settled before the attorney does all the work necessary to go to trial. If you and your Injury attorney agree to a contingent fee, the attorney must put the agreement in writing and give you a signed copy. The contract should explain what percentage the attorney will get if you win and how it might vary. It should also state who will pay for any court costs.

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What if someone sues me for an Injury compensation claim?

If someone sues you for an Injury compensation claim what you should do is contacting your insurance agent and/or your Injury attorney right away. If you don't have an Injury attorney you can contact one here.

Generally, your insurance company will assign an Injury attorney to handle your case. But, if you are sued for more money than your policy covers, you may need your own Injury attorney.

Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. If you are charged with a crime and cannot afford a lawyer, call your county's Public Defender. Depending on your income, you may qualify for free assistance. To find the Public Defender, look in the white pages under the name of your county.

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Should I get physical check-up after the Injury?

A check-up is always a good idea for both you and your passengers. You could be injured and not know it right away. At least call your doctor or another health care provider for help in deciding what your needs may be. Your automobile insurance may pay your health care bills.

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What should I do if the other driver does not have insurance?

If the other driver caused the Injury and is not insured, your own policy will pay for your personal injury- if you have "uninsured motorist" or medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference - if you have "underinsured motorist" coverage. If you do not have these kinds of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.

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How does Injury attorney fee structures work?

Most Injury attorneys charge by the hour. Other fee structures include flat fees, contingent fees or retainer fees. The following provides a simple explanation of how each kind of fee structure works.

The hourly rate primarily depends on the attorney's experience, although other factors include operating expenses and the location of the practice. An experienced Injury attorney may also be able to give you a better estimate of how much he will end up charging you for an Injury compensation claim.

Attorneys will charge a flat fee when dealing with a more common legal matter, such as composing a will or drafting bankruptcy filings. When dealing with a flat fee, ask what it covers.

Another common fee structure includes a retainer fee. Retainer fees involve creating an escrow account into which you pay in advance, and they deduct from this account in accordance with their hourly rate.

Injury attorneys occasionally use a contingent fee structure. In this kind of fee structure, Injury attorney does not charge any fees, but instead takes a percentage of the settlement (usually 33%) and fronts all costs related to bringing the matter. Contingent fee structures are usually used in personal injury cases and debt collection cases, but are not allowed in divorce, criminal or child custody cases.

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What is attorney-client privilege?

Attorney-client privilege means that any legal information or matter that you discuss with your attorney cannot be discussed with anyone else. Aside from a few exceptions and unless you consent to release legal information pertaining to your case, she or he is required, by law, to keep all of your information confidential.

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