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If I have been injured
in a motor vehicle accident, what should I do?
First, if you are injured, you should seek medical care for your injuries without regard to any potential lawsuit. If you are injured due to the fault of another person, you may well have the right to pursue a claim for injuries or losses against that person, probably through their insurance company. Because every case involves individual facts, your best course is probably to contact an attorney who can help advise you of the particular claim. Before you speak to any insurance personnel, you may want to at least engage in some sort of initial consultation with an attorney to ensure that your rights are protected. You should also take photographs of the damage to the vehicles before they are repaired.
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What compensation am I entitled to?
If you are injured in an accident due to the fault of another,
you are entitled to the following types of damages:
- Lost wages, profits and future earnings
- Medical costs
- Property damage
- Pain and suffering
- Disfigurement or scarring
- Disability
- Mental and emotional injuries
For damages like pain and
suffering, disfigurement, etc. that do not usually involve
specific dollar amounts, compensation for those damages
is based upon what constitutes fair, just and reasonable
compensation. The amount of that compensation is
an amount that can be agreed upon in settlement
discussions, or ultimately, determined by a jury.
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What is a contingency fee?
Most of our cases involving personal injuries,
including medical malpractice are handled on
a contingency fee basis. A contingency fee agreement
means that we are paid only if we are successful
in obtaining a monetary recovery in the pursuit
of your case. We typically will be paid 1/3 of
the monetary amount awarded. If the case is lost,
and no money is awarded, you do not owe us any
legal fees for our time.
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Am I responsible for costs and expenses for
bringing a personal injury case?
For cases handled on a contingency fee basis for
personal injuries, we only require
our clients to reimburse our firm for costs and
expenses associated with litigation if we are successful
in recovering money either by way of settlement
or trial. In some circumstances, we do negotiate
with a client who wants certain experts retained
or cases investigated before we agree to accept
the matter. However, in most instances, we only
require costs and expenses for personal injury
cases to be paid back out of the proceeds of the
case.
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Will I have to go to Court or testify?
Many personal injury cases settle before a case
actually goes to trial. However, if the defendant
or insurance company is unwilling to offer money
towards settlement or the amount is not reasonable,
the case will go to trial. If so, the person
bringing the personal injury case needs to be
present and involved in the case. If any other
testimony is required before the trial, the attorney
will prepare you for that process.
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What is medical malpractice?
When a patient is harmed or suffers serious illness
due to the negligence of a health care provider,
he or she is a victim of medical malpractice.
Medical malpractice is a complex area of law
that requires experienced attorneys. Oftentimes
until medical records are fully reviewed and
investigated, it is impossible to know whether
someone truly has been subjected to medical malpractice.
Please see the practice areas or contact us directly
for further information.
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If I am injured, how long do I have to bring
a claim?
The answer to this question depends on many factors.
For your particular case, you should
consult with an attorney to get an accurate answer
to this question. In general, injuries for negligent
drivers causing an accident must be filed within
two years of the date of accident. Medical malpractice
cases have a similar time frame, although there
are certain circumstances that allow for extensions
of the two year time frame. However, in some instances
you may need to provide certain notice to the wrongdoers
well before the two year time period. Therefore,
if you are contemplating a claim, you should discuss
your case with an attorney as soon as possible
after the event to preserve your rights.
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Is money received for personal injures taxable income?
In general, damages paid for compensation for personal physical injures or physical sickness is generally excluded from taxable income. However, if a component of your settlement is for lost wages, or emotional distress not tied to physical injury or sickness, or punitive damages, those items can be taxable. We are not tax attorneys and would always recommend that any compensation you receive be discussed with your tax advisor. However, in general, settlements or verdicts that are compensation for physical injures and physical sickness caused by the negligence of another person are excluded from income. For the most recent regulation from the IRS, please see the regulation at 26 C.F.R I§I.I04-1(c).
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