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VEHICLE ACCIDENT FAQ’s
1. What should I do if I’m involved in a car accident? Document
the entire situation making daily notes of the effects of your
injuries. Also report the accident to the DMV and never admit
responsibility.
2. Why do I need no fault insurance? Almost ½ of all states
legally require this insurance. It helps to eliminate liability claims
in smaller accidents by exchanging direct payment by the injured’s
insurance company. It doesn’t, however, cover auto damage so a claim
should still be filed for this.
3. Is it true that if I rear end a car that I’m at fault?
Almost always the answer is yes. The law says that you have to be able
to stop safely if a car stops in front of you.
4. How long will it take to get money in my case? Getting to
court for a vehicle accident can take 3-5 years in most cases.
5. I didn’t go the doctor right away and now I have pain? You
should always see a doctor after an accident even if you’re not
feeling pain right away. Be sure to document when you noticed the pain
and when you went to the doctor.
6. Do I need an attorney? It is in your best interest to hire
an attorney.
7. The other driver doesn’t have car insurance; how am I supposed
to collect money from him now? Often times a person’s personal
assets will come into play in a case such as this.
8. Will my insurance company pay for my medical bills while I wait
to go to trial? Often times, yes, to a certain amount and then
they will get reimbursed once the case is complete.
9. How am I supposed to get back and forth while my car is in the
shop? Check your insurance policy; many will have a clause that
allows you to rent a car. Be sure to track the expense involved as
this is considered a cost that you suffered.
10. I can’t work; can I file for unemployment even though
litigation is pending? Yes.
11. My car hit a pothole; who is responsible? The city.
12. How much money can I expect to get in a settlement? The
award is directly related to the costs incurred.
13. Should I settle ahead of time? This varies from each case
and each individual. Know that going to trial can take years, but many
times in return the judgment in court is larger than in a settlement.
14. The other driver’s insurance company offered me money. I
haven’t even hired an attorney, but I could really use the cash.
Should I take it? No. Tell the insurance company that you’ll get
back to them. In the meantime, contact an attorney immediately. Often
times an insurance company will offer a minimal amount of money in
return for your signature stating that you won’t sue them. Never take
an insurance check without first consulting an attorney.
15. I can’t afford an attorney! Normally, in cases such as
these, you don’t pay the attorney any money until, and if, you win
your case. If you do win, they are likely to request 33% of the
settlement.
GENERAL PERSONAL INJURY FAQ
1. What is a counterclaim? A claim that the defendant in a suit
has against the plaintiff from the same transaction.
2. What is discovery and what is its purpose? Discovery allows
both parties to “discover” information in the case. The purpose is to
narrow the basis of the complaint and to eliminate surprises to both
parties.
3. What are interrogatories? Written questions by one party to
the other, which are answered under oath.
4. What is a deposition? A formal interview under oath in the
presence of a court reporter. The answers in a deposition are oral.
5. Will I end up at trial? Only about 25% of all personal
injury cases end in a court; most will settle.
6. I was ordered to pay “costs;” what does that include?
Usually it will include attorney, clerk, witness, and docket fees.
7. What is civil law? Principles that govern relationships
between people, where no crime has been committed.
8. What is a class action lawsuit? When a large group of
plaintiffs sue a large group of defendants naming a representative in
place of the entire group. Examples would be the tobacco industry
suits and the suits against the drug manufactures of the popular diet
medications, such as fen-phen.
9. What is negligence? A failure to act reasonably in a
situation. Doing something carelessly or failing to do something; i.e.
driving without your headlights on.
10. What are punitive damages? Damages awarded to punish the
defendant.
11. What does pain and suffering include? This would generally
be money awarded over and above medical costs and lost wages.
12. What is loss of consortium? A loss of companionship and
care for the victim’s marital partner.
13. What is contributory negligence? A defense to negligence
stating that the plaintiff’s negligence contributed to their injuries.
14. What is a tort? Conduct intended to harm another person or
their property. Examples include fraud, misrepresentation and slander.
15. How is negligence determined? Negligence does not simple
mean doing something wrong. All of the following elements must exist
for an act to be considered negligent:
a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the
circumstances)
e. Damages
16. What is the statute of limitation in a civil case?
Generally 2 years from the date the incident occurred.
17. I’ve heard the phrase “assumption of risk.” What does it mean?
It is used as part of a defendant’s defense. It states that a user
assumes risk in the following ways:
a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions
18. What is an appellant? The party who lost at trial is called
an appellant on appeal.
19. What is emotional distress? Mental anguish.
20. What are injunctions? Court orders for defendant’s to stop
them from doing something (i.e. temporary restraining orders).
21. What is litigation? A lawsuit.
22. What does “res ipsa loquitor” mean? It is a Latin phrase
meaning, “the thing speaks for itself.”
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Frequently
Asked Questions - FAQ's