Frequently Asked Questions
Get Answers to Your Most Important Questions
CASE VALUE QUESTIONS
How much is my case really worth?
Most accident victims have no idea what their case is actually worth because they don't understand all the damages they can claim. Your case value includes medical expenses (current and future), lost wages, reduced earning capacity, pain and suffering, and other damages. The insurance company's first offer typically represents only 10-25% of your case's true value. An experienced attorney can properly calculate all your damages and fight for maximum compensation.
Should I accept the insurance company's first offer?
Never accept the first offer without consulting an attorney. Insurance companies deliberately make low initial offers hoping you'll accept before understanding your rights. Studies show that accident victims with attorneys receive settlements 3-4 times higher than those who handle claims alone. Even after paying attorney fees, you'll typically end up with more money in your pocket.
What if they say their offer is only good for a limited time?
This is a manipulation tactic. Settlement offers don't expire, and they can't legally withdraw a reasonable offer just because you take time to consider it. They're trying to pressure you into a quick decision before you understand your case's true value or consult with an attorney.
What if the other driver doesn't have insurance?
You may still have options. Check your own auto insurance for uninsured motorist coverage, which pays for injuries caused by uninsured drivers. You might also be able to recover from the uninsured driver directly if they have assets, or from other parties who share responsibility for the accident.
LEGAL PROCESS QUESTIONS
How long do I have to file a claim?
Time limits vary by state, typically 2-3 years for personal injury claims. However, you should act immediately because crucial evidence disappears quickly. Surveillance footage gets overwritten, witnesses become hard to find, and physical evidence gets cleaned up. The sooner you preserve evidence and get legal help, the stronger your case will be.
How much will an attorney cost me?
Nothing upfront. Personal injury attorneys work on contingency, meaning they only get paid if you win your case. Fees typically range from 25-40% of your settlement. Even after paying attorney fees, you'll usually end up with significantly more money than if you handled the claim yourself.
What if I can't afford an attorney?
You can afford an attorney because they work on contingency. You pay nothing unless you win. The attorney advances all case expenses and only collects fees from your settlement. This arrangement makes experienced legal representation accessible to everyone, regardless of financial situation.
INSURANCE QUESTIONS
What if the other driver doesn't have insurance?
You may still have options. Check your own auto insurance for uninsured motorist coverage, which pays for injuries caused by uninsured drivers. You might also be able to recover from the uninsured driver directly if they have assets, or from other parties who share responsibility for the accident.
Will my insurance rates go up if I file a claim?
Generally, your rates shouldn't increase for not-at-fault accidents. Most states prohibit insurance companies from raising rates when you're not responsible for the accident. However, you should discuss this with your insurance company and consider shopping for better rates regardless.
What if my own insurance company is giving me problems?
Your own insurance company has a duty to act in good faith, but they sometimes use the same tactics as other insurers. If they're denying legitimate claims, delaying payments, or offering inadequate settlements, you may need legal help to enforce your rights under your policy.
INJURY AND MEDICAL QUESTIONS
What if my injuries don't seem serious?
Many serious injuries don't show symptoms immediately. Traumatic brain injuries, spinal cord damage, and internal injuries can have delayed symptoms. Always seek medical attention after an accident, even if you feel fine. This protects your health and creates medical documentation linking any injuries to the accident.
What if I had pre-existing injuries?
Pre-existing conditions don't prevent you from recovering compensation. You're entitled to compensation for any worsening of pre-existing conditions caused by the accident. An experienced attorney can work with medical experts to distinguish between pre-existing problems and new injuries.
Do I have to use the insurance company's doctor?
No. You have the right to choose your own doctors and medical providers. Insurance companies often try to send you to doctors who minimize injuries or rush you back to work. It's usually better to see your own doctors or specialists recommended by your attorney.
SETTLEMENT QUESTIONS
How long will my case take?
Case timelines vary depending on injury severity, liability issues, and insurance company cooperation. Simple cases might settle in a few months, while complex cases can take 1-2 years or more. However, you shouldn't rush to settle before understanding the full extent of your injuries and damages.
Should I settle or go to trial?
Most cases settle out of court, but having an attorney willing to go to trial gives you leverage in negotiations. Insurance companies offer better settlements when they know they're dealing with an attorney who's not afraid of court. Your attorney will advise you on the best strategy for your specific case.
What happens if I sign a settlement agreement?
Settlement agreements are final. Once you sign, you give up your right to seek additional compensation, even if your injuries turn out to be more serious than initially thought. This is why it's crucial to fully understand your injuries and future medical needs before settling.
EVIDENCE QUESTIONS
What evidence do I need for my case?
Important evidence includes photos of the accident scene and injuries, witness contact information, police reports, medical records, surveillance footage, and documentation of all expenses. The more evidence you preserve, the stronger your case will be.
What if I didn't take photos at the scene?
While scene photos are valuable, other evidence can still support your case. Police reports, witness statements, surveillance footage, and vehicle damage can all help prove what happened. An experienced attorney knows how to gather evidence even when initial documentation is limited.
How long is surveillance footage kept?
Most businesses and traffic cameras overwrite footage after 30-90 days. This is why it's crucial to act quickly to preserve this evidence. Your attorney can send preservation letters to ensure footage isn't destroyed before it can be obtained.
Still Have Questions?
Don't let uncertainty prevent you from getting the help you deserve. Get your questions answered by an experienced professional.
Still Have Questions?
Don't let uncertainty prevent you from getting the help you deserve. Get your questions answered by an experienced professional.
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Jurisleadus Legal Referral Services
The decisions you make during these crucial two weeks don't just affect your immediate situation, they establish the foundation for your entire compensation claim.
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