Questions to ask a personal injury lawyer for your accident case

How to Choose an Accident Lawyer

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Questions to Ask a Personal Injury Lawyer for Your Accident Case

 

According to the Insurance Research Council's own research, claimants hurt in an accident who just talked to a lawyer to find out their rights, received an average of almost 40% more money¹ than claimants who did not talk to a lawyer!  People who then hired a lawyer received an average of more than 3 1/2 times more money, before deduction of legal fees and expenses, than those who did not hire a lawyer.²

 

 

Questions To Ask A Lawyer:

About my rights

Q : What rights do I have that need to be protected?

Q : Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?  

Q : What do I have to do to protect my rights to these claims?  What forms and papers do I need to get?  What claim letters need to be sent; what forms need to be filled out; how many insurance companies must be notified?  Can you do this for me? 

Some things that must be done with time sensitive deadlines:

  • Notify your insurance company: MUST BE DONE IMMEDIATELY
  • Begin investigation: MUST BE DONE AS SOON AS POSSIBLE
  • File Accident Report with the Department of Motor Vehicles (car accident. motorcycle accident & truck accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
  • File No-Fault Claim (car accident - if applicable): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
  • File claim for Lost Wages: USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
  • File claim for State Disability: USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
  • File Notice of Claim (if applicable): USUALLY 90 DAY DEADLINE
  • File claim with all defendant insurance companies (there may be several insurance companies providing coverage for just one car in a car accident or for a premises in a slip and fall accident): SHOULD BE DONE WITHIN DAYS OF ACCIDENT
  • File claim with State insurance fund for uninsured drivers (car accident, motorcycle accident & pedestrian accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
  • File SUM/UM claim (car accident, motorcycle accident & pedestrian accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS

 

For more information, see Why you should speak with an accident lawyer immediately and not wait (below).

About hiring a lawyerHow can I determine whether I want to hire a specific lawyer?  You may feel nervous when hiring a lawyer, but remember that you are the one doing the hiring.  While lawyers who primarily represent people in accidents charge a contingency fee (a fee that is charged at the end of the case and only if you are successful), you will still want to know that you are satisfied with your choice.  Even though you pay a fee after you win a money award, you are the one paying the bill.  That makes you an important client!

Q: How long has the lawyer and the firm been practicing law?

Q: Does the lawyer practice primarily in the field of Personal Injury and accidents?  If you found a lawyer through advertising, is the lawyer advertising for many areas of law or is the lawyer advertising only for personal injury or accidents?

Q: Does the lawyer belong to his or her state Trial Lawyers Association and/or the Association of Trial Lawyers of America?  Membership in one of these organizations indicates a commitment to the representation of clients' rights and the practice of personal injury law.

Q: Does the lawyer have professional liability insurance?  Professional liability insurance also protects you in case an error is made that damages your case.

Q: Fees:

  • Do you charge a contingency fee?  A contingency fee is one that is charged at the end of the case and only if you are successful.  This allows anyone who has been hurt in an accident to have easy access to a lawyer.

  • What percentage will you charge me if my case is settled prior to a lawsuit?

  • What percentage will you charge me if my case is settled after a lawsuit is started?

  • Will I be required to pay for any case expenses prior to settlement or will you advance expenses for me?

  • Will I be charged an additional fee for filling out medical insurance forms or processing my medical insurance claims?

  • Will I be charged an additional fee for helping me to collect reimbursement for my property damage?

  • Will I be charged an additional fee for helping me to collect my lost wages for lost income?

 

Why you should speak with a lawyer immediately and not wait. 

There are many forms and claim notices which have time deadlines to file, some of which may be only a number of days.  Only a lawyer experienced with accidents can determine what claims need to be filed, which forms need to be filled out, how to fill out the forms correctly and which insurance companies to file the claims with.

If you are involved in a car accident, make sure your lawyer will complete your car accident report form for your insurance company and the accident report form for the Department of Motor Vehicles.

The insurance company for the person(s) responsible for causing your accident should be immediately notified by your lawyer, since failure to do so may allow the insurance company to decline coverage for your accident.

If the statute of limitations is near, a lawsuit will need to be started immediately.  Since any lawyer will need sufficient time to investigate your case prior to starting a law suit and will want to be able to complete depositions prior to the expiration of the statute of limitations, you will want to retain a lawyer well before the expiration of the statute of limitations.

Some of the many insurance companies which may be involved and must be immediately notified when someone has been hurt in an accident are:  1) All Primary and Secondary insurance companies for each owner, driver and company responsible for your injuries; 2) All Primary and Secondary insurance companies providing Uninsured coverage or Underinsured coverage; 3) All Primary and Secondary insurance companies providing medical and economic benefits such as disability and lost wages; 4) Workers Compensation insurance companies.

For all of these reasons, it is vitally important for you to call a lawyer at 1-800-HURT-911 as soon as possible after your accident so that your rights can be protected.  

 

When you're HURT in an accident, call 911

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¹
"Paying For Auto Injuries" A Consumer Panel Survey of Auto Accident Victims 1999 edition Insurance Research Council p86.
² "Paying For Auto Injuries" A Consumer Panel Survey of Auto Accident Victims 1999 edition Insurance Research Council p50.

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