Should I seek medical attention after a car accident?
Yes. It is important to seek immediate medical attention following an accident. Even if you are unsure whether or not you are hurt as a precaution, it makes sense to be seen by a medical professional. It is advisable to be as specific as possible when explaining to your doctor symptoms and any pain or discomfort you are experiencing. Some injury symptoms may not appear for hours, or even a few days following an accident. If you delay seeking treatment, insurance companies may argue that your injuries were not caused by the accident and may deny payment of your claim.
What steps should I take after getting into an accident?
Generally, if you have been involved in an accident, you should call the police to document the accident and to make sure you get the other parties’ contact and insurance information. If you believe you have been injured in an accident, you should seek immediate and appropriate medical attention.
What if my case is a hit and run case?
If you are injured in a hit and run accident, you still may be able to be compensated through your own insurance through your uninsured motorist coverage. We strongly encourage everyone to speak with their insurance agent to make sure they have uninsured and underinsured motorist coverage and to make sure the limits of these coverages are appropriate for your circumstances.
Should I speak to the insurance company?
Generally speaking, we encourage anyone who has been injured in an accident to consult with a personal injury attorney before speaking with the insurance company. We offer free initial consultations. Remember, the insurance company for the negligent party will attempt to get you to settle your case for as little as possible. The insurance company is not on your side.
How much will it cost me to hire an attorney and is the consultation free?
At Wade and Nysather, we offer free initial consultation and case evaluations. Also, in most circumstances, we offer our legal services on a contingency fee basis. This means that you will not have any up-front legal fees. To learn more, please call us for a free consultation and case evaluation.
How much is my case worth?
Every case is different, and the value of a case depends on a multitude of factors. Generally, a personal injury attorney will not be able to provide you with an estimate regarding the case value until the attorney has all the facts, including the circumstances surrounding the accident, the nature and extent of the client’s injuries, the cost of the required medical treatment, and the duration of the client’s injuries.
What type of compensation am I entitled to?
The type and amount of compensation are dependent on the facts of each particular case. Generally, in a personal injury case, you are entitled to compensation for the following elements of damages that have resulted from the fault of another person:
1. The nature, extent, and duration of the injuries.
2. The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future, as a result of the injuries.
3. Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future.
4. Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future.
5. Lost earnings to date, and any decrease in earning power or capacity in the future.
6. Loss of love, care, affection, companionship, and other pleasures of the marital and parent/child relationship.
7. Loss of enjoyment of life.
What is the settlement process and how long does it typically take?
The settlement process, and the time it takes a case to settle, depends on the facts of each particular case. Factors such as the nature and extent of your accident injuries, the type of medical treatment you require for your injuries, and the amount of time it takes to recover from your injuries are just some of the factors that impact the settlement process. Generally, a settlement demand is presented to the insurance company once the accident victim is finished with his or her medical treatment and/or he or she is in a position to know what type of treatment will be required in the future.
Why should I retain an attorney?
The decision to retain an attorney in a personal injury case is entirely up to you. The circumstances of each accident, and the individuals involved in the accident, are always different. Remember, you can always call Wade & Nysather for a free initial consultation and evaluation of your case, so you can make an informed decision as to whether you would like the assistance of a personal injury attorney.
Generally, a personal injury attorney can assist you with all aspects of your personal injury case. The attorney will also handle all communications with the opposing insurance company. A personal injury attorney will also obtain your accident-related medical records and bills, present a settlement demand to the insurance company, attempt to negotiate a settlement with the insurance company, and take the matter into litigation if a settlement is not possible. Moreover, once a settlement is reached, and/or a judgment is paid, a personal injury attorney will make sure that all valid liens are paid from the settlement.
Do I have a valid claim?
Every personal injury claim is different, and the outcome is dependent on the facts of the particular case. In general, in order to prevail on a personal injury claim, you must prove (1) that another person was negligent, (2) that you were injured as a result of the other person’s negligence, (3) that your medical treatment was reasonable and necessary to address your injuries, and (4) that your medical bills were reasonable and customary within the community.