Frequently Asked Questions about Motor Vehicle Accidents

Q: Who is responsible for my expenses?

A: In most cases, if you are not considered  to be legally responsible for an automobile accident, one or more parties can be held legally responsible for compensating you for your injuries, medical expenses, lost wages, and even physical and emotional pain and suffering. The responsible parties will vary from case to case. Many times, your initial compensation will come from your own insurance company, but even when dealing with a small claim, it is important to consult a personal injury attorney, as insurance companies are notorious for attempting to short change their clients. A personal injury attorney can help you claim the largest possible sum from your own insurance company, as well as help you determine who else could be held responsible for your damages.

Q: How much is my personal injury case worth?

A: Every case is as different as the people and circumstances involved. As such, there is no set way to measure how much each case will be worth without an in-depth analysis by a knowledgeable personal injury lawyer. Many factors contribute to the worth of any specific case, including severity and permanency of an injury, as well as medical bills, loss of wages, and many other factors. The best way to ensure you receive the greatest possible settlement in your personal injury claim is to retain a skilled personal injury attorney, who will be able to negotiate these factors to your benefit.

Q: Will I have to appear in court?

A: There is not always a need to go to court to settle personal injury cases. The majority of lawsuits are settled without a trial, and auto accident cases contribute highly to this statistic. Most are resolved without filing an actual lawsuit, let alone a court appearance. In many cases, the negligent parties are willing, even anxious to settle out of court. This will save everyone the cost of court fees, as well as the headaches sometimes associated with the lengthy court process. Often, a lower settlement will be agreed upon out of court that actually results in a higher net recovery for the victim once the absence of court costs is factored in.

Keep in mind, however, that sometimes an agreement cannot be reached and a court trial must be held. If your case goes to court, it is reassuring to know that you have a top litigator on your side to argue your side of the story for you.

Q: Where will my compensation money come from?

A: A combination of sources will cover your compensation. The party at fault will be held responsible for pain and suffering, as well as medical expenses. In some cases they may also be held accountable for lost wages over or above the limit allowed by your no-fault insurance. Your personal insurance will generally be held responsible for your economic losses, such as lost wages.

Q: How long until I get my money?

A: There are many things that will combine to determine the length of time needed to conclude your automobile accident case. In the case of a serious medical injury, it is in your best interests to wait until an accurate estimate of your current and future medical needs pertaining to injuries sustained in the accident can be ascertained with accuracy. The severity of your injuries is, of course, a very significant factor in your settlement. How long it takes you to recover, how expensive your treatment was and how expensive it will be, will all take a leading role in determining how long it will take you to receive compensation as well as whether or not your case will need to go to court to be resolved.

Q: What should I do if I can't afford an attorney?

A: Many law firms, including the Mayer Gordon law team, will take a personal injury claim on a contingency basis. This means that unless you win a settlement, you do not have to pay the law firm anything. The personal injury attorney’s fees will be subtracted from your settlement once it has been awarded. You may be responsible for “hard” court costs, such as filing fees and other related expenses, which will be explained to you in full as your case proceeds. You will generally be responsible for these costs whether or not you win a settlement.

Q: Am I required to seek medical attention?

A: You should see a doctor as soon as possible after the accident if you have an immediate injury. This is a necessary step in proving your personal injury case. Without medical records to document your personal injury, it is nearly impossible to prove your personal injury case in court. This is also an important step in settling your own anxiety about the accident.

Often, an automobile accident injury will not be readily apparent, and can takes weeks, even months to surface. You should go see a doctor as soon as you start to experience symptoms. Automobile accidents often result in neck and back injuries that, though often not immediately apparent, may appear after a significant amount of time and then plague you for the rest of your life. If you feel that you may have suffered an injury from an automobile accident that was not obvious at the time of the accident, seek medical attention and then contact a skilled personal injury attorney like Mayor Gordon, who is skilled in dealing with the medical complications associated with a personal injury case.

Q: How long do I have to file my claim?

A: The time you have to file your claim varies from state to state, and depends on many factors. Within each state, additional factors will determine the length of time from case to case. These factors include the age of the plaintiff, the specifics of the case, the severity and classification of the injury in question, and when the injury becomes apparent. If you fail to file your claim within the time frame allotted to your particular case type, you can forfeit all rights to compensation. This makes it extremely important to consult a personal injury lawyer right away.

Q: If I am offered a check from the other driver or his or her insurance company, what should I do?

A: Do not accept a check or any other type of monetary compensation from anyone until you consult with a personal injury attorney. If you accept a check, it can be considered a settlement and can inhibit you from reaching a larger agreement later. Do not sign a release or any other paperwork from the defendant’s insurance company. You should always wait until your medical condition has been fully investigated by trained medical professionals, and the full extent of your injuries is known, so you can be sure to receive a full and fair amount that will cover all past and future medical related costs pertaining to your accident. Insurance adjusters often push for a victim to settle early for a low or unfair amount, and often discourage you from seeking the counsel of a personal accident attorney. In automobile personal injury cases, you should always consult a personal injury attorney before signing any release or taking any form of compensation, to ensure you do not sign away your legal rights and any hope of attaining a full and fair recovery of your losses.

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