Frequently Asked Questions Regarding Serious Accidents
1. When is it too late to pursue a personal injury claim?
It is not unusual for us to get a call when a client or his/her friend or family member asks whether it "is too late" to bring a case. First, there are legal requirements known as "statutes of limitations" that vary from state to state and with the type of case. Because of the effects of statutes of limitations as well as certain deadlines that apply in making claims against governmental entities, it is important that an attorney be promptly consulted so as to not prejudice a case. As a general rule, as long as the statute of limitations has not run or is not about to run, there is probably time to took into the possibility of a claim.
However, a more practical consideration after an accident is the general rule that an individual not delay too long. For example, cases have to be investigated, key witnesses need to be talked to and medical follow-up should be prompt. Insurance companies like nothing more than to attack the validity of a claim by arguing that a particular injury was not serious because the client waited an excessive amount of time before seeking medical treatment.
If you think that you or a family member may have a case, but you are unsure, you can e-mail us or call our office. Part of our mission to serve our clients, is to be available to answer questions in screening possible cases.
2. When is the right time to settle a case?
Aside from "What is my case worth?", this is the most commonly asked question. The first thing to keep in mind is that once a case is settled, there is no going back- "the book is closed". Therefore, it is important to allow enough time to pass after medical treatment has been ended so that doctors can reasonably determine the full extent of a client's injuries. We try to wait until the client has reached "maximum medical improvement" in his or her treatment. This may mean that the person has fully recovered from his/her injuries or that the client may continue to have problems as a result of a particular injury, and the doctors are able to say how serious the injury really is.
Once we are at a point when we can reasonably determine, from a medical point of view, the full extent of a client's injuries, then that may be an appropriate time to attempt to settle a claim. Under no circumstances do we attempt to go for a "quick settlement." That almost always is a mistake for a client. Insurance companies, on the other hand, like to settle cases quickly so that they can close them out. That often means paying the victim less compensation than he/she would normally be entitled to if the individual were to have completed medical treatment.
3. Uninsured motorist coverage - What happens if I, or a family member, become injured as the result of the negligence of a driver who has no insurance or has very low limits of insurance coverage?
Unfortunately, this is a very common situation. However, all is not lost if you or a family member living with you in your household owns an automobile that has uninsured motorist ("UM") coverage. You can make a claim under that policy if you were injured by a motorist with no insurance, or were involved in an accident with a hit and run "phantom" vehicle. We can assist you in pursuing a UM Claim under your policy. After the claim against your insurance company is settled, the company will then sue the uninsured driver (if the identity is known) for reimbursement. As to any accident with a motorist who has very low limits of insurance coverage, if your automobile policy includes underinsured motorist coverage ("UIM"), your insurance company will make up the difference between the other driver's policy and yours - providing your limits of UIM coverage are greater.
TIP: Check your automobile insurance policy and make sure that you have adequate UM and UIM coverage. Keep in mind that if you or a loved one are in a serious accident with an uninsured (or underinsured) vehicle, you may be limited to recovering the limits of your UM or UIM policy. Coverage of at least $100,000.00 per person / $300,000.00 per occurrence, or more, is recommended.
4. What do I do if I am in a second accident while I already have a case pending?
It may be a result of the fast paced society we live in, but surprisingly, this happens more often than you would think. First off, you need to let the attorney handling the first case immediately know about the second accident. While some people think you should get a different attorney and a different doctor, this is usually a mistake. It is likely to cause confusion among doctors, incomplete medical records and, ultimately, much difficulty in settling either or both cases. Also, insurance companies share computerized information and are quite eager to misconstrue any inconsistency in medical claims as fraud. In short, let your first lawyer be "the captain of the ship." It is also best to go back to the initial doctor, who knows what you were like after the first accident and before the second and who - better than anyone - will be able to give an opinion as to what medical problems were caused by which accident.
