56 FAQs About Personal Injury Cases

January 26, 2022

This 38-page booklet answer the 56 most frequently asked questions about personal injury cases. Inside you will learn the answers to:

PRELIMINARY MATTERS

1. What is a personal injury claim?

2. What do I have to prove to establish negligence?

3. I had a family member who died due to the negligence of another. Can I bring a lawsuit against the negligent party?

4. I was injured on the job. Do I have a personal injury claim?

PRELIMINARY MATTERS – AUTO ACCIDENT CASES

5. Should I contact the police after an auto accident?

6. Should I go to the doctor after a car accident?

7. What is the difference between personal injury protection and medical payments insurance?

8. What is uninsured/under-insured motorist insurance coverage?

9. Can my homeowner’s insurance provide medical payments coverage to me after an auto collision?

PAYING YOUR MEDICAL BILLS

10. Should I use my health insurance?

11. Do I still have a personal injury claim if my health insurance pays my medical bills?

12. Should I negotiate my medical bills on my own?

13. How can I prevent my unpaid medical bills from being sold to debt collectors?

14. What is a letter of protection?

15. Can my health insurer file a lien against my case?

16. My doctor is asking me to sign an assignment form, so that he is paid out of any settlement proceeds. Should I do that?

NEGOTIATING A SETTLEMENT WITH THE INSURANCE COMPANY

17. The insurance company told me that I don’t need to hire a lawyer. Is this true?

18. The insurance company asked me to sign a records release form. Should I sign it?

19. How does the insurance company decide whether to make a settlement offer?

20. Should I trust a settlement calculator I find online?

21. What factors will the insurance company consider in evaluating my claim and formulating its offer?

22. Will my medical bills be paid as part of an injury settlement?

23. Is there a minimum personal injury settlement amount the insurance company is required to pay?

24. Can I reject a settlement offer?

25. The insurance company offered me a settlement that I think is fair. Should I accept it?

26. How soon after a settlement is reached are the settlement funds distributed?

27. Will I have to pay taxes on my settlement money?

28. The insurance company is dragging its feet. Should I take out funds through settlement advance funding?

29. Can I break an annuity from a settlement?

30. Can I gain access to my child’s settlement money?

VALUING YOUR CASE

31. How much is my case worth?

32. What factors does a personal injury lawyer consider in determining the value of my claim?

33. What damages am I entitled to recover?

34. Are there limits on what expenses I can claim as damages in a personal injury case?

35. Will I be able to recover punitive damages for my injuries?

LITIGATION

36. How is a personal injury case initiated?

37. Do I need a lawyer now?

38. What happens after a lawsuit is filed?

39. What questions will be asked during my deposition?

40. What defenses might I have to overcome to win my case?

41. Do I have to be present for court appearances?

42. As my case progresses, how often should I expect to hear from my attorney?

43. When will my case go to trial?

44. Is a settlement still an option?

45. Can my lawyer settle my case without my consent?

46. What is mediation?

47. What happens after the trial?

48. How long will my personal injury case take?

YOU AND YOUR PERSONAL INJURY LAWYER

49. Why do I need an attorney?

50. What if I’ve already taken steps independently?

51. I don’t want to go to court; can a lawyer still help me?

52. Is my case big enough for a lawyer to handle?

53. Will I have to pay a fee in order for my lawyer to handle my case?

54. Will the information I share with my lawyer remain private?

55. What should I bring when meeting with my lawyer for the first time?

56. How can I help my lawyer achieve the best outcome in my case?

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