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Home » Legal Articles » Personal Injury Cases Frequently Asked Questions Part 1

Personal Injury Cases: Frequently Asked Questions Part #1

In my practice I frequently get the same basic questions from potential new clients.

Question: Do I have a case?

Answer: This is a difficult question to answer without knowing all of the facts and circumstances involved. The success of a case will depend on the specific facts involved and the laws of the jurisdiction or region where the incident occurred. Generally, if you can show that the party responsible for your injuries violated some duty of care (e.g., causing a collision or making a dangerous product), then you probably have a claim against that party for the amount of damages you have sustained. If you think you have a claim in the state of Washington and want some feedback, you can send me an email directly by filling in the Case Feedback form. Due to the large volume of messages, it may take a few days to respond.

Question: How much is my case worth?

Answer: There is no magic formula or process by which an attorney can predict with certainty the amount of money a person is entitled to receive, especially where damages are awarded for subjective elements called 'pain and suffering' and 'loss of enjoyment of life.' However, our office will usually have a pretty good idea of a reasonable settlement range after your medical condition has stabilized. We rely on such factors as the extent and permanency of your injuries, the effect your injuries have had on your life, the amount and duration of your medical treatment, prior jury verdicts and/or arbitration awards received for similar injuries and my experience. Ultimately, the value of any given case is determined by the jury's verdict after a trial on the merits.

Question: How much do you charge?

Answer: Our fee is contingent on the outcome of your case. That is, if a recovery is obtained for you, our fee is a percentage (usually one-third) of the amount collected. No attorney fees will be paid if there is no recovery. However, the law requires that a client is ultimately responsible for the costs incurred. In most cases, our office will advance all costs necessary to pursue your claim so you will not have to pay any money up front. Costs are then paid out of the recovery at the conclusion of your case.

Question: What if I wasn't injured but I sustained damage to my car or other personal property?

Answer: As a personal injury law office, we only accept cases where the individual has sustained injury. This is because our fee is a percentage of the recovery obtained on behalf of the injured claimant. Most property damage claims cannot be pursued economically by an attorney where he or she is forced to charge you an hourly rate, which is often at least $150 per hour. Most insurance companies are reasonable when it comes to settling property damage claims which means you probably can settle your claim by yourself.

Question: I'm confused about the different types of coverage listed on my automobile insurance policy -- what exactly is BI, UM and PIP coverage?

Answer: BI stands for 'bodily injury .' This type of coverage will pay claims for injury you negligently cause to another as a result of the use of your vehicle. Washington state law requires that every driver carry insurance for bodily injury with policy limits of at least $25,000. UM stands for 'uninsured motorist' or 'underinsured motorist .' If you are injured by a negligent driver who does not have liability insurance (or inadequate liability insurance), you may make a claim with your own insurance carrier if you have UM coverage. When you make a UM claim, your insurance carrier "stands in the shoes" of the negligent driver and is permitted to assert all defenses that this driver may have had against you (e.g., comparative fault, excessive medical treatment, etc.).

PIP stands for 'personal injury protection .' PIP pays for your reasonable and necessary medical expenses, regardless of who is at fault for the collision. Although the law does not require that you carry UM and PIP coverage, insurance companies must offer these types of coverages to you. If you choose to reject UM and PIP coverage, your insurance company must record your rejection in writing. An insurance company's failure to obtain your written rejection of UM or PIP coverage prevents the carrier from denying the claim, even if you didn't specifically pay for this type of coverage.

Question: What happens if I was injured in a collision caused by an uninsured driver?

Answer: You may have a claim for UM benefits under your own policy. If you make a UM claim, your own carrier has the right to use all defenses that the other driver may have had against you. A UM claim essentially creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a UM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its own insured!). Instead, your carrier will be looking for ways to pay out as little money as possible. In the event you do not have UM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why you should always carry UM coverage, preferably with limits of at least $100,000.

And here is another random article you might be interested in...

What Is A Free Debt Consolidation Service And Are There Any Risks

If you have massive debts, you may want to consider soliciting the services of a debt consolidator.

Employing a debt consolidation service can help you to bring down your rate of interest and your amount of repayment; and will subsequently decrease the stress your heavy debt load has wrought upon you.

Soliciting the help of a "free" debt consolidation service could help you even further. While it is not actually "free" to solicit these services, it will be far cheaper than it would to get the same service from a for-profit company.

For-profit debt consolidators charge a flat fee per month and competitive charges over and beyond the flat fee; whereas free debt consolidators are subsidized in part by creditors, so they need only to charge the flat monthly fee, which means that debtors will ultimately end up with lower rates.

The services provide by free debt consolidation organizations are not restricted to mere debt consolidation loans. There are also a large number of credit counseling agencies that are non-profit. These agencies help individuals get their credit under control.

Those with poor credit prefer free debt consolidation service. For-profit services prefer clients with relatively good credit, as they are more likely to get the full repayment. Since free debt consolidation services enjoy healthy subsidies from the creditors, they can afford to take the risk of helping people with poor credit who want to set their finances right.

Since free debt consolidation services are more attractive, most naturally prefer it to for-profit services. However, scam companies have been quick to exploit this preference and loudly proclaim themselves as free services.

This is why it is important to confirm the credibility of any organization that claims to be a free debt consolidation. If not, you could end up with even more massive debts.

Talbert Williams 2001-2006 All Rights Reserved