FAQ

FREQUENTLY ASKED QUESTIONS

 

Question: I was seriously injured, but the driver’s insurance coverage is insufficient to adequately compensate me. What can I do in order to recover more than the insurance coverage for the driver at fault?

Answer: Other insurance policies might provide excess coverage for your injures. Also, if you or any member of your household owned or leased a vehicle on the date of the accident, the insurance policy covering such vehicle(s) might provide underinsured motorist coverage, also known as supplementary uninsured motorist coverage. This coverage might provide a significant source of additional recovery for your injuries. (Of course, you could also seek to collect from the defendant’s personal assets, the portion of a judgment in excess of the responsible driver’s and owner’s insurance coverage.)

Question: I was injured in an accident that was partially my fault. Can I still recover money damages for my injuries?

Answer: Yes. A person may recover monetary damages for his/her injures, even if the injured party was partially at fault. However, the recovery will be reduced by the percentage of fault attributable to the injured party.

Question: I was injured at work. Can I still recover money damages for my injuries?

Answer: Most employees are covered by Workers’ Compensation. This provides payments for medical and hospital expenses (subject to a fee schedule and authorization by the insurance company or the Workers’ Compensation Board), and partial reimbursement for lost wages, for injuries sustained in the course of employment. Also, workers’ compensation benefits may include a lump sum payment for permanent injuries.

Generally, if the accident was caused solely by the injured person’s employer or co-worker, the workers’ compensation benefits are the exclusive remedy. Accordingly, in those instances, the employee will usually not be entitled to sue his or her employer for money damages for the injuries sustained.

Nevertheless, if a person, business, etc. other than the injured person’s employer or co-worker was partially or entirely at fault in causing the accident, the injured person may sue those responsible parties for his or her injuries.

To tell us about your accident, click on Personal Injury Questionnaire

Question: I was seriously injured, however my doctor told me that he/she will not testify in court, and will not involve himself/herself in my lawsuit. Can I still recover money damages for my injuries?

Answer: Yes. Even if your doctor is unwilling to cooperate in any way with your claim or lawsuit, we can usually obtain copies of the medical and hospital records documenting your injuries. Also, duplicate copies of x-rays, M.R.I. films, C.T. scan films, and other diagnostic tests can be obtained to further document your injuries. Often, these records, films, etc. will sufficiently prove your injuries. In the event that your case is not settled prior to trial, another physician can usually testify as an expert witness on your behalf.

Question: I am receiving state or federal disability insurance payments, Workers’ Compensation benefits, Welfare or public assistance benefits, and was injured in an accident. Can I bring a lawsuit for my injuries?

Answer: Yes, but the agency or insurance company providing the benefits may have a lien against your monetary recovery for the amount of the payments they have made to you or on your behalf.

Question: I am not happy with the attorney who is handling my case, and want to replace him. Can I simply fire him and retain another attorney? Do I still have to pay the attorney who I want to replace?

Answer: Yes, you have the right to replace your attorney. If a client is not satisfied with how his or her legal matter is being handled, he or she has the right to withdraw from the attorney-client relationship at any time (although court approval may be required in some matters).

Regarding legal fees, your attorney may have a claim against you for the value of services rendered up to the time you dismiss your lawyer.

If your legal matter is a personal injury case handled on a contingency fee basis, your attorney may be entitled to a fee for services rendered; however, you are not required to pay this legal fee to the outgoing attorney when he or she is discharged. Instead, at the conclusion of your case, both the outgoing and incoming attorneys will share the contingent legal fee. Either the outgoing attorney and the incoming attorney will come to an agreement as to how the total fee will be divided, or the judge will make that determination. The total legal fee is not increased as a result of replacing your attorney.

Question: Can I afford your services? What is a contingency fee?

Answer: Yes, you can. All accident cases accepted by our law firm are handled on contingency fee. This means that there is no fee charged to you unless we recover money. Fees and expenses are paid at the conclusion of your case.

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