What
if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled
to compensation for your personal injuries, pain and suffering,
car damage and other expenses, such as lost wages or the cost of
a nurse needed after the accident. You should make a claim with
the other driver's insurance company a.s.a.p . But, if you are not
satisfied with the amount they offer, you may want to contact a
attorney .
If you plan to sue, do not delay. There are time
limits for filing various types of claims - usually one to two year
after the accident, but sometimes much less so act quickly, you
can sue for $5,000 or less in small claims court. A lawyer can't
represent you in this court, but you can talk with one beforehand.
If you want to sue for a larger amount, you will
need your own lawyer. An insurance company lawyer cannot represent
you if you are the person who is suing (the"plaintiff").
Many lawyers take accident cases on a contingent "fee"
basis. That means you do not pay the lawyer if you lose the case.
If you win, you pay the lawyer a percentage of the money you get.
Most lawyers charge a smaller percentage if the case is settled
before the lawyer does all the work necessary to go to trial. If
you and your lawyer agree to a contingent fee, the lawyer must put
the agreement in writing and give you a signed copy. The contract
should explain what percentage the lawyer will get if you win and
how it might vary. It should also state who will pay for any court
costs.*
What if someone sues me?
Contact your insurance agent and/or your lawyer
right away. Generally, your insurance company will assign a lawyer
to handle your case. But, if you are sued for more money than your
policy covers, you may need your own attorney too. 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.*
Should I get physical check-up after the accident?
A check-up may be 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.*
How can I get help?
As soon as you can get to telephone, call 911.
Explain the situation and give your exact locations, so help can
arrive quickly. Be sure to mention whether you need an ambulance
or a fire engine. Or, flag down a passing car, and ask the driver
to go for help. Perhaps the driver will a cellular phone in the
car and can make an emergency call on the spot.*
What should I do if the other driver does not
have insurance?
If the other driver caused the accident and is
not insured, your own policy will pay for your personal injuries
- 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.*
How does attorney fee structures work?
Most 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 attorney may also be able to give
you a better estimate of how much (s)he will end up charging you.
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.
Attorneys occasionally use a contingent fee structure. In this kind
of fee structure, the 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.
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,
s(he) is required, by law, to keep all of your information confidential.
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