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Personal Injury - Frequently Asked Questions
What Are Your Rights? As a general rule, if you (the Plaintiff) sustain personal injury or loss as a result of another person's (defendant's) intentional or negligent act, you are entitled to recover monetary compensation. Common examples of personal injury claims include auto accidents, products liability, slip and fall incidents, and assault. If you choose to seek recovery, monetary compensation is available for wage loss, property damage, employment benefit loss, health care expenses, pain and suffering, disability, and other types of losses. Your ability to recover is primarily based on legal considerations. Of utmost importance is whether or not the defendant has liability for your injury, and if so, the amount of damage sustained. Your recovery is also dependent upon the defendant's ability to pay, either personally or through insurance; and/or through your own uninsured motorist or under-insured motorist coverage. In addition, if your own negligence contributed to the accident or loss, the court may assess you a percentage of fault which diminishes your recovery proportionately. Do You Need an Attorney? No law requires you to hire an attorney to handle your personal injury claim. However, the legal expertise and experience that a qualified personal injury attorney provides to you will greatly increase your ability to obtain a prompt and fair settlement. Insurance and personal injury law are particularly complex topics, and an attorney's expertise can prove to be invaluable when interpreting the law and your legal rights. Why Consult an Attorney First? Any information which you provide to an insurance company may be used against you. You are not required to make any statement to an insurance adjuster. It is advisable to speak with an experienced personal injury attorney before giving a statement to the insurance adjuster, as a qualified attorney knows how to present the facts to the insurance company in order to represent your best interest. Read your own insurance policy and make a copy available for your attorney to read. Even if you decide to handle your own case, a short conference with an experienced attorney can save you considerable trouble in the long run. If meeting with an attorney is impossible or inconvenient for you, be as reserved in your answers as possible. Be careful not to volunteer information unless asked. Be informed about the insurance benefits you have purchased. What Are The Costs Involved? Most law firms accept personal injury cases on a contingent fee basis. This means that the attorney is paid a percentage of the recovery received, and therefore is not paid until your case is finalized. If there is no recovery, there is no fee. The contingent fee is based on the attorney's time and services expended. In all cases, you pay the out-of-pocket expenses, such as filing fees, copies, transcripts, etc. Ethical attorneys may advance costs for you, but you are obligated to pay costs at the time of settlement. It is very important to have a clear understanding of your attorney's fees and costs during your initial consultation. Are There Alternatives to a Lawsuit? Yes. As a general rule, most personal injury cases settle before going to trial through negotiation, mediation or arbitration. What About Health Care? You are free to choose any health care provider for treatment of your injury. Any competent health care provider, including chiropractic, medical, orthopedic, neurologic, naturopathic, physical therapy, etc. can assist you in your recovery. Chiropractic care does address treatment for auto accident victims. Some insurance companies continue to discriminate against chiropractic care. For this reason, it is vitally important to work with an ethical pro-chiropractic attorney who understands chiropractic care and is experienced in resolving problems with insurance companies. Kornfeld, Trudell, Bowen and Lingenbrink, PLLC
© 1982 - 2007, The Law Office of Steven G. Lingenbrink, P.S.
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