Automobile Accident FAQ

1. Do I really need a lawyer to represent me?

Not always. If your property damage is minor and you were not injured then you don't need a lawyer. If you were injured then you definitely require a lawyer.

An insurance company may treat you fairly if the only issue is repairing the minor damage to your vehicle. The same is definitely not true with injuries. Assuming it is clear that the automobile accident was not your fault, the insurance company will offer you just a minimal amount. And, you will spend hours attempting to obtain all of the paper work the insurance company requires to settle. They are in business to make money. Paying you fair value helps you but not them. The common public perception is that insurance companies are motivated to settle so they don't have to pay out the fees and costs of litigation. This is a total myth that the media has perpetuated. Insurance companies use their considerable financial strength to push people around. Having an experienced lawyer helps you to even the playing field.

There are numerous other reasons why you need a lawyer if you were injured. At Freeman & Freeman, LLP, the first consultation is free so take that time to see how an experienced accident lawyer can help you in your particular circumstance.

2. What is my accident case worth?

This "bottom line" question cannot be answered until you have completed treatment and your case is ready for settlement. No matter how bad your automobile accident was and, despite the fact you may have been rushed to the hospital, it is necessary to see how your injuries progress before attempting to place a value on your case.

In some cases a person will sustain major property damage and be taken by ambulance to the hospital and given pain medication to deal with the pain. If that person has recovered a month later, the quick recovery will be strongly considered in valuing the case. On the other hand, a person might have been in a moderate collision, did not go to the hospital but that person's injuries continued to increase as time goes on. If it takes that person a year to recover with the help of substantial physical therapy or other treatment, then that case would have a value far in excess of the first case above.

In addition, the attorney plays a very valuable part in seeing to it that an injured person has the proper medical treatment. If the attorney keeps in close contact with his client, and if the attorney possesses substantial knowledge about medicine through practicing personal injury law, then the attorney can help the client determine the types of doctors that need to be seen. Also, an experienced attorney will be able to recognize if certain types of diagnostic tests would be helpful in proving the client's injuries.

3. Will an insurance company partially settle my case and continue to hold it open for future medical expenses?

No! When you settle a case with an insurance company they will have you sign a document that releases all persons or entities that caused your injuries. This document is very clear to state that it is the final settlement between the parties and that you cannot later request any further amounts from the insurance company.

In light of the above, it is extremely important that your attorney recognize whether you have fully recovered from your vehicle accident before settling your case. If you have not fully recovered then your attorney should be able to set out the likely future medical expenses and loss of earnings you will have. An experienced attorney is able to do this by obtaining a good medical report from your primary treating doctor and the attorney needs to make sure that the doctor has set forth the nature and costs of all future medical treatment you are likely to have. Without this document or similar testimony from one of your primary doctors, you will not be fully compensated.

4. If I have personal health insurance will I have to pay them back for the accident related medical expenses?

Maybe. Almost all health insurance policies have provisions that require you to repay the health insurance company back out of your settlement. However, if you have an attorney then most insurance companies will recognize the fact that your attorney performed the work to obtain the settlement for you. Since this work resulted in legal fees, the health insurance company is normally required to participate by paying a significant portion of your fees out of the money they are reimbursed.

For instance, if your health insurance company paid out $5,000.00 towards your medical bills and if your attorney is experienced, he or she will normally be able to get your insurance company to accept $2,500.00 to $3,000.00 as payment in full towards their bills. The difference will be an additional amount that goes directly to you and not the attorney.

5. Does my attorney get involved in my medical care?

Maybe. Some lawyers do not have the time to coordinate medical treatment with their clients. Some lawyers feel it is not helpful to get involved with the treatment their clients received. However, many experienced vehicle accident attorneys realize that a reasonable settlement is unlikely to be achieved unless the client is continuing to obtain the proper medical treatment. Insurance companies often take the position that if a person did not see a doctor shortly after the accident or did not begin treatment a short time after the accident then the injury is really very minor. Further, insurance companies often take the position that anything a client says about how bad he or she was injured is not the truth unless verified by medical records.

In many cases a client is truly in pain and attempting to get on with life without promptly obtaining a diagnosis and treatment. Most attorneys recognize the importance of obtaining proper medical care for the patient's sake and for purposes of handling the personal injury claim. It is up to the lawyer to keep abreast of the medical progress being made by his or her client and whether any changes need to be made.

Normally, as a patient treats with the doctors or physical therapist, the attorney will receive reports of the progress made and the continuing complaints the client has. It is extremely important for the attorney to read these documents and, based upon the attorneys medical knowledge gained over the years make sure that the client is obtaining treatment from the proper specialist.

For instance, after a person is involved in a very heavy auto accident wherein the vehicle is virtually crushed beyond recognition, the client may develop severe anxiety while driving. An experienced attorney will continue to inquire of his client how the client is dealing with sleep, memory, depression, exhaustion, and difficulty performing his or her work or other normal tasks. Often, the treating doctor may not go into these areas in details. The doctor may be focused on the physical injuries the client has complained about. An experienced attorney will delve into the issues raised above and suggest to the client that he or she ask the primary doctor about the possibility of mild Traumatic Brain Injury or a Post-Traumatic Stress Disorder. The client can be tested regarding these conditions and it is extremely important for the client's well being and proper evaluation of the case for the attorney to know if these conditions are present. Experienced vehicle accident attorneys have achieved some very high settlements and verdicts based primarily on the mild Traumatic Brain Injury of Post-Traumatic Stress Disorder. In reality it is the treating doctor who should ascertain whether these symptoms exist. But in reality, the attorney is often the one who takes the time to question the client regarding the symptoms of these conditions.

6. If I am sore shortly after an accident but not in pain, should I see a doctor?

Yes. It is often said that an automobile accident victim will be in most pain in the 24 to 72 hours after an accident. So, if you are sore at the accident scene or a few hours later, you most likely will worsen over the next few days. The part of your body that is sore may be quite painful upon physical examination by the doctor. If you are sore shortly after an accident try to get in to see your doctor that day or go to an emergency hospital or urgent care center. It will be better for you both medically and legally.

7. I have heard of an automobile accident victim awarded money for general damages and pain and suffering. Is this true? If so, what did these terms mean?

The term "Pain and Suffering" is really the same thing as "General Damages". A personal injury case normally has two basic types of damages: Special Damages and General Damages. Special Damages are specific dollar amount losses for items such as past and future medical bills, past and future loss of earnings and other incidental damages.

The term "General Damages" represents pain and suffering, emotional distress and other similar types of damage. General Damages are comprised of Past General Damages and Future General Damages. In many cases the largest portion of the settlement is General Damages, particularly future General Damages.

Suppose your case is settled just a month before trial is to begin and 18 months after your accident. You are compensated for past general damages by placing a value on the pain, suffering, and emotional distress you have gone through since the accident. If you were in a bad vehicle accident an experienced auto accident attorney should often be able to obtain a future general damage award in an even greater amount, assuming your significant injuries have not completely healed and your doctor says they will not heal any further. Your doctor states also that your injuries will result in substantial arthritic problems and you no longer will be able to jog or do many activities you used to do. An experienced personal injury attorney knows how to bring out what you will experience over your lifetime as a result of this accident and argue how to place a value on your changed life for decades ahead. When done properly, this figure often dwarfs the past general damages figure.