what to tell your lawyer in an accident injury claim

1. Tell your attorney about any previous accidents injuries you've suffered. ...
2. Tell him about your criminal history. Usually any misdemeanors or felonies will not affect your case (unless they are related to driving) but they could come up during trial, ...
3. Tell your lawyer if you have filed for bankruptcy. If you file during your personal injury case, your settlement could become part of the estate (i.e. ...
4. Tell your lawyer if you have filed or will file for divorce. ...
5. Tell your attorney if you have suffered any injuries SINCE your accident. ...

What should I Ask my attorney after a car accident?

One of the first things you should do, after reporting the accident and seeking medical attention, is contact an experienced car accident lawyer. Here are eight key points to discuss with your attorney. The first thing you should do is give your attorney all the facts about the accident. Where did it happen? How did it happen? Who was involved?

What to look for in a personal injury lawyer?

Different lawyers usually specialize in different areas of the law, and as a result, have specialized skills related to those areas. For the best results, you will want an attorney who is specialized in personal injury law. 2. Has the attorney taken cases similar to this one in the past? How many? How did they turn out?

How do I file a car accident lawsuit?

First, you – or more likely, your lawyer - will file your lawsuit in court by drafting a formal legal complaint and submitting it to the appropriate court. You must also serve the complaint on the other driver using a process server or law enforcement officer.

What are the basics of insurance claims after an accident?

Insurance Claims After an Accident: The Basics 1 First Party Claims vs. Third Party Claims. ... 2 The Insurance Claims Process. ... 3 Denial of Claims and the Appeals Process. ... 4 Calculating the Value of Insurance Claims. ... 5 Filing an Insurance Claim After an Accident? ...

Can I negotiate an injury settlement?

Indeed, it means you're ready to demand the compensation you deserve for your suffering and losses. If you are determined to seek fair compensation for your losses, you must be prepared to negotiate with the insurance company (or, more specifically, the claims adjuster) to get what you want.

Can you negotiate with insurance for pain and suffering?

Negotiating the Amount of Your Pain and Suffering Damages After you have valued your claim and have an idea of what type of settlement you should receive, you can start the negotiation process by sending a demand letter to the insurance company with the assistance of your attorney.

What do you say to an attorney?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

Should I accept the first offer on a personal injury claim?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

How much pain and suffering should I ask for?

For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

How to settle a car accident case?

Many people choose to settle a car accident claim before filing a lawsuit in court. Here are a few advantages to settling your case before going to court: 1 receive compensation faster 2 avoid high attorney's fees 3 avoid appearing at multiple court proceedings (hearings, depositions, trial), and 4 avoid an unpredictable jury decision.

How to file a lawsuit against a driver?

First, you – or more likely, your lawyer - will file your lawsuit in court by drafting a formal legal complaint and submitting it to the appropriate court. You must also serve the complaint on the other driver using a process server or law enforcement officer.

How to write a demand letter for medical records?

You should describe the events surrounding the injury in sufficient detail (what happened, witnesses, other details) and provide the exact amount of money spent on medical treatment, if possible. Many lawyers also advise that you should enclose important medical records with your demand letter. After the demand letter is complete, mail it to the wrongdoer or his or her attorney or insurance company.

How to obtain information from a defendant?

Information can be obtained by submitting written questions, called interrogatories, to the defendant. In addition, you can request that the defendant produce documents to you. Another way to obtain information is through a deposition.

What is the last step in a car accident case?

Trial is the last step of a car accident lawsuit. During a trial, a judge or jury will hear the evidence and decide your case. The preparation and representation at a trial can be very time-consuming and expensive.

Can you settle an accident claim before going to court?

As mentioned above, it is almost always best to attempt to settle your accident claim before proceeding to court. However, settlement may not be possible or advisable in certain cases. There may have been no response to your demand letter, or the insurance company's settlement offer may be unreasonable or too low.

Can you settle a lawsuit?

You Can Still Settle. Throughout your court case and any time before a verdict is entered, you and your attorney can settle your case if you receive an acceptable offer. You do not give up your ability to settle if you file a lawsuit. Talk to a Lawyer. Start here to find personal injury lawyers near you. Zip Code.

What to do if the other driver is at fault for your car accident?

If the other driver is at fault for your car accident, you'll probably be able to hire a personal injury attorney on a "contingency fee" basis. Find out when it's worth the cost.

What is the liability of a car accident?

Usually, liability for a car accident is fairly clear and one-sided, and an injured party has the right to be compensa ted by the at-fault driver. In this section, you'll find legal information on the personal injury claims that often follow a car accident.

What happens if another driver sues you?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you.

What is the police report?

Police Reports as Evidence in Your Car Accident Injury Case. If you're making a personal injury claim after a car accident, the police report could play a big role.

Can a passenger make an injury claim after a car accident?

Passenger Injury Claims After a Car Accident. A passenger usually has an easier time than a driver when making an injury claim after a car accident. Here's why. Motorcycle Passenger Injury Claims After an Accident. If you're injured as a passenger in a motorcycle accident, here are your legal rights and options.

Do you need an attorney for a car accident?

How Much Will a Car Accident Lawyer Cost You? If the other driver is at fault for your car accident, you'll probably be able to hire a personal injury attorney on a "contingency fee" basis.

What to do after an accident?

Insurance Claims After an Accident: The Basics. If you’ve been injured in an accident, you’ll want to file a police report and an insurance accident claim with either your insurer or the insurer of the responsible party as soon as possible (but after seeking medical attention). The claim is the first step toward being compensated ...

How long do you have to report an accident to your insurance company?

Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren't at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver.

What happens if my insurance company denies my claim?

Whatever the case may be, you'll receive notification from the insurance company if your claim is denied. It is then up to you to appeal the denial of the claim. Appeals procedures can differ from company to company, so you should take a look at the policy in question to learn about the appropriate next steps.

What happens if you are denied a claim?

If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company.

Why is my car accident denied?

There are a number of reasons why your claim may be denied. For example, you may have waited too long after an accident to file your claim or failed to submit to an independent medical examination. Alternatively, the type of car accident you were involved in may not be covered under your insurance plan. Whatever the case may be, you'll receive ...

What to do if your claim is denied?

If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident. Thank you for subscribing!

How to calculate special damages?

The insurance claims analyst first adds up all of your medical expenses. If the injuries aren't too serious, this total is typically multiplied by 1.5 or 2. This calculation is used to determine the amount of your special damages—damages with finite, measurable costs (as opposed to general damages, which are damages that don't have explicit dollar amounts associated with them, e.g. emotional distress).​

How to find an attorney for an accident?

One of the best places to find an attorney is through a reference from friends, doctors, professional associations, and your state bar.

What do lawyers specialize in?

For the best results, you will want an attorney who is specialized in personal injury law. 2.

What happens if an attorney charges an hourly fee?

If your attorney charges an hourly fee for a personal injury case, it could become very expensive for you very quickly, and at a time when medical bills are probably also mounting. 6.

Do you have to settle a case if you don't agree with it?

To that end, some will insist you take a settlement, even if you do not agree with it. While fighting a case “for principle” is almost always a terrible idea, as it signals that something other than a desire to seek compensation for injuries has taken over and that person's expectations will likely never be satisfied, you are never required to settle a case if you do not choose to. Some attorneys, however, may withdraw from representing you if they believe you should take a settlement and you do not. So, this is an important question to ask in order to make sure your wishes will be observed.

Do attorneys get in trouble?

Again, the vast majority of attorneys will not have been in any sort of disciplinary trouble, but if they have this can be a big red flag. You will want to know what they did to get in trouble and why, as this might affect things like their ability to effectively represent you, the safety of your money in their trust accounts, etc.

Do insurance companies pay for personal injury cases?

Insurance companies, who usually end up paying for your injuries in a personal injury case, will often offer settlements that are much less than what you might be able to get if your case goes to a trial.

Do accidents come with forewarning?

Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly.

How Much Do You Charge and What is a Contingency Fee?

How Much Do You Charge and What is a Contingency Fee? This is usually one of the most important questions for most car accident victims, as you may want to sue, but may be afraid of being faced with large legal bills if you don't win. Most car accident attorneys will work on a contingency fee basis, which means that they only get paid if you win.

What Court Fees and Costs Will I Be Responsible For?

What Court Fees and Costs Will I Be Responsible For? Even if a lawyer charges on a contingent fee basis, you may be responsible for court costs and fees and other costs the lawyer incurs in investigating and bringing the lawsuit. Our firm does not charge you fees or costs, unless we recover a settlement or verdict for you.

How Long Do I Have to File My Lawsuit?

How Long Do I Have to File My Lawsuit? There is a statute of limitations - or a maximum time limit - that you have in most jurisdictions if you want to file a lawsuit. It is important to know what this deadline is, so you can make sure you file your lawsuit before the deadline passes.

What Are My Potential Damages?

What Are My Potential Damages? You may be able to recover not only for medical bills and lost wages, but also for pain and suffering, emotional distress, or other types of damages you suffered. Your lawyer should be able to fully explain to you the extent of your recovery options.

What Is My Case Worth?

What Is My Case Worth? Ask this question. Your lawyer will have some idea. It is true that it can be a broad range based upon discovery, liability and unknown medical issues. At the very least, your lawyer should be able to provide a spectrum and explain the unknowns to you. Use your own judgment.

How Long Do You Think My Case Will Take?

How Long Do You Think My Case Will Take? It may take a long time for a case to go to trial and an even longer time for you to get your money. It is important to be aware of this, so you can make plans for how to handle medical bills in the meantime.

Have You Tried These Types of Personal Injury Cases Before?

Have You Tried These Types of Personal Injury Cases Before? Lawyers are hungry to get personal injury lawsuits. There is immense competition and some firms spend millions of dollars on advertising. Do not assume, just based upon advertising, that the lawyer has handled or tried your type of case. Ask for your lawyer's experience and results.

HOW LONG IS THE TYPICAL TIME FRAME FOR A CLAIM?

The claims procedure may take anything from a few months to more than a year from the time of the first notice to the time of the final settlement. It all comes down to how quickly you recover from your injuries and how efficiently you negotiate with your insurance provider.

ARE THERE ANY REQUIREMENTS FOR DETERMINING COMPENSATION?

All of your medical fees, out-of-pocket charges, and lost income are included in your overall economic losses. Your medical expenses will be reimbursed in full, even if you have insurance or Medicaid to pay the majority of them.