-Can I always recover money if I am hurt?
No. Just because you are hurt does not mean than you can recover money. In general, if you are hurt as a result of the carelessness or negligence of someone else, than you may recover an amount to compensate for your medical bills, lost wages, and pain and suffering.
-What if I am partially at fault in causing the accident?
In Pennsylvania, and most states, even if you are partially at fault you may still recover money. However, the amount of money you receive will be reduced by the percentage of your fault. For example, if you are 25% at fault in causing an accident, and the full value of your injuries is $100,000, the amount of money you receive will be reduced by 25%, so that you will receive $75,000. In Pennsylvania, once you are considered to be more than 50% at fault you will receive zero dollars.
-What should I do if I am hurt in an accident?
You should not speak with anyone, other than your doctors and any investigating police officer, about the incident until you have had an opportunity to speak with an attorney. If this was an auto accident, you may report the accident to your insurance company, but do not provide a tape-recorded or signed statement until you have consulted with an attorney. DO NOT CONTACT OR SPEAK WITH THE INSURANCE COMPANY FOR THE PERSON WHO HURT YOU UNTIL YOU HAVE CONSULTED WITH AN ATTORNEY!!!
-Is there a time limit for bringing a bodily injury lawsuit?
Yes. Each state has its own time limit, which is called a "statute of limitations". In Pennsylvania, and many other states, the time limit is two years. Some states, for example California, have a one year time limit. Some states, for example Florida, have a longer time period. It is very important to promptly consult an attorney in the state where the lawsuit may be filed to determine the time limit which is applicable to your claim.
-What is the value of my claim?
The value of all claims for bodily injury depends on the nature and extent of your injuries, and the amount of any economic (money) loss you have suffered. Generally, if your claim is successful, you are entitled to an award for the amount of any medical bills for which you are responsible to pay, the amounts of any wages you lost, and an amount to compensate you for the pain and suffering you have endured in the past, and may endure in the future.
-Do I need an attorney?
Yes. If the person who caused your injuries is insured, shortly after the accident you will probably be contacted by that insurance company. The person contacting you is called a "claim representative" or "adjuster". It is important for you to remember that the adjuster’s job is to minimize the amount of money which the insurance company may be obligated to pay you. The adjuster is highly trained, and probably has much more experience than you in handling bodily injury claims. If you attempt to deal with the adjuster on your own, you probably will not receive full compensation for your injuries. An experienced attorney will make sure that you receive full compensation for your injuries.
-How is my attorney paid?
Most bodily injury claims are normally handled by attorneys on a contingency fee or percentage fee basis. This means that the attorney fee will be a percentage of the amount of money recovered on your claim. If there is no recovery, the attorney earns no fee. Make certain that the attorney provides you with a written attorney fee agreement which sets forth the amount of the attorney fee.
|