Accidents

An accident lawyer works with insurance companies and the opposing attorneys so you don’t have to. Guiding you through the legal system and presenting your case in the best light possible.

Though you may not need a lawyer, you should always consider consulting with one after an accident to find out if your case is worth pursuing. If you’d like to know if your case is worth pursuing contact me for a free consultation.

It depends. You should consult with a lawyer to find out if your case is worth pursuing. If you’d like to know if your case is worth pursuing contact me for a free consultation.

If you weren’t injured and haven’t sustained any damages, there may not be a claim to assert. If you’re unsure, you can always request a free consultation to find out if your claim is worth pursuing.

You may need a lawyer for an uninsured driver accident if you’ve sustained damages to yourself or property and have uninsured motorist coverage of your own.

If the other driver was uninsured and you don’t have uninsured coverage, you are unlikely to recover anything unless the uninsured driver has substantial assets.

One way to find an accident injury attorney is from a personal recommendation from someone you know who has had a good experience with a lawyer. Another would be to do internet research. Virtually all accident attorneys offer free consultations. Get several consultations and work with the attorney that’s a good fit for you and your case.

Most accident lawyers work on a contingency fee basis, as I do. This means that the fee charged is based on a percentage of the settlement, award, or verdict. The fee is collected at the conclusion of the case. There is no requirement for a retainer or advanced deposit for costs.

In accident cases, settlements are calculated on a case by case basis. No two cases are alike. Factors that come into play include:

• How the injury occurred, the injury itself, treatment, and period of incapacity
• A permanent injury would include future general damages and special damages if applicable
• General Damages include the nature and extent of the injury
  • Disability, disfigurement, loss of enjoyment of life
  • Pain, and suffering, both mental and physical
  • Inconvenience
  • Mental anguish
  • Disability or disfigurement
  • Emotional distress
  • Loss of society and companionship
  • Loss of consortium
  • Impact on personal and professional activities
• The law has not furnished us with any fixed standards by which to measure non-economic damages
• Special Damages, such as medical expenses, lost earnings, property damages, and other damages that have a specific known value

How much an accident settlement is worth depends on many factors including:

• how you were injured
• the liability of the other party
• the type of injury
• the type of treatment
• the time length of the disability
• whether any of the injuries were permanent
• medical expenses
• wage and economic loss

In most cases, a complete assessment can not take place until your injuries have healed or plateaued (when further treatment will not cure the condition).

There are no set guidelines on how long an accident settlement can take. The more contested the case is, the longer it takes. A settlement may occur shortly after treatment is complete or after a verdict has been rendered. Every case is different, and there are so many variables and moving parts there’s just no way to predict when a case will end.

When you’re the one that’s hurt it always seems to take too long. An accident case can not be settled until all damages are known, which will occur when treatment is finished or plateaued. Depending on circumstances and court availability a case can resolve shortly after treatment has finished or plateaued or after a trial or appeal. This process can be anywhere from 5 months to 6 years.

The shortest case I’ve worked on is 5 months, and the longest was 4 years. An example of a long period of litigation is the Exxon Valdez Oil spill, which took 26 years to work its way through the courts.

The number of steps involved in investigating an accident depends on the type of case.

With auto accidents, typically law enforcement will investigate, and then the attorney can follow up with the witnesses. You should still obtain the other driver’s name, insurance, and contact information, as well as witnesses’ names and contact information, and take photographs.

In other types of accidents where law enforcement, or another entity, does not investigate, you should obtain the other driver’s name, insurance, and contact information, as well as witnesses’ names and contact information, and take photographs.

The damages to you or your property will require investigation as well. Medical records will need to be reviewed by your attorney and possibly medical experts. Every case is unique and will require its own investigation plan.

Generally, the Internal Revenue Code, § 104(a)(2) excludes from your gross income, the damages (other than punitive damages) received on account of personal injury or sickness. You should talk with your tax advisor regarding the taxability of any settlement.

Yes, you can fire your accident lawyer. If you do release your lawyer, they may be entitled to lawyer fees for work done to date.