FREQUENTLY ASKED QUESTIONS

Call 911, check for injuries, move to safety if possible, exchange info with the other driver, take photos of the scene and damage, and get medical attention even if you feel fine. Do not admit fault. File a police report and contact an attorney before speaking with insurance adjusters.

Not legally required, but strongly recommended. Studies show victims with attorneys receive roughly 3.5x more in settlements than those without. Most personal injury lawyers work on contingency, so you pay nothing unless you win.

Photos of the scene and damage, the police report, medical records and bills, witness contact info, and records of lost wages or missed work. The more documentation you have, the stronger your case.

You can provide basic facts (your name, date of the accident), but avoid giving a recorded statement or discussing fault without an attorney. Insurance adjusters are trained to minimize payouts, and anything you say can be used to reduce your claim.

It depends on your state. Most states give you 2 years from the date of injury (the statute of limitations). Some states allow more, a few allow less. Missing the deadline almost always means losing your right to any compensation.

Simple cases with clear liability can settle in a few months. More complex cases, or those involving serious injuries, can take 1-2 years. If the case goes to trial, it can take even longer. Your attorney can give you a better timeline based on your specifics.

Probably not. About 95% of personal injury cases settle before trial through negotiation. Cases go to trial when the insurance company and your attorney can't agree on a fair amount.

A deposition is sworn testimony given outside of court, typically at a lawyer's office. The other side's attorney asks you questions about the accident and your injuries. Your attorney will be there with you. It's used for discovery and can be referenced at trial.

In most states, yes. Under comparative negligence rules, your compensation is reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd receive $80,000. Some states bar recovery if you're 50% or 51% or more at fault.

Your attorney sends a demand letter to the insurance company, they negotiate, and ideally agree on an amount. Once you accept, you sign a release and receive payment (minus attorney fees and medical liens). Most cases settle this way without ever going to court.

It depends on your medical bills, lost wages, pain and suffering, and the severity of your injuries. Minor injury cases might settle for a few thousand dollars. Serious injuries with surgery or long-term treatment can be worth hundreds of thousands or more. An attorney can give you a realistic estimate.

Medical bills (past and future), lost wages, pain and suffering, property damage, loss of enjoyment of life, and in some cases punitive damages. If a loved one died, wrongful death damages may also apply.

Yes. Emotional distress (anxiety, PTSD, depression, sleep problems) is a recognized category of damages in personal injury cases. It's typically included as part of your "pain and suffering" claim. Documentation from a mental health professional strengthens this.

Check your own policy for uninsured motorist (UM) coverage, which pays for your damages when the other driver can't. You may also be able to pursue the at-fault driver's personal assets, though this is often not practical.

UM/UIM coverage is part of your own auto insurance that pays for your injuries and damages when the at-fault driver has no insurance or not enough insurance to cover your losses. It's optional in most states but highly recommended.

Almost never. First offers are typically much lower than what your claim is worth. Insurance companies start low expecting negotiation. An attorney can evaluate whether an offer is fair based on your actual damages.

Yes, always. Some injuries (whiplash, concussions, internal bleeding) don't show symptoms for hours or days. Early medical documentation also strengthens your claim. Insurance companies use gaps in treatment to argue your injuries aren't serious.

Typically your health insurance, MedPay/PIP coverage on your auto policy, or you pay out of pocket. Many doctors treat accident victims on a lien, meaning they wait to be paid from your settlement. Your attorney can help arrange this.

MMI is the point where your condition has stabilized and isn't expected to improve further with treatment. Your attorney will usually wait until you reach MMI before settling, because settling too early means you might not account for all future medical costs.

The attorney takes a percentage of your settlement (typically 33-40%) as their fee. If you don't win, you don't pay. This means there's no upfront cost to hire a personal injury lawyer.

Look for experience with your type of case, a track record of results, good communication, and someone who works on contingency. Read reviews, ask about their caseload, and make sure you feel comfortable with them. Most offer free consultations.

Yes, you can switch attorneys at any time. The fees are typically split between the old and new lawyer based on work done, so it shouldn't cost you extra. If you're unhappy with your representation, don't hesitate to make a change.

They investigate your accident, gather evidence, handle all communication with insurance companies, calculate the full value of your claim, negotiate a settlement, and take your case to trial if needed. They handle the legal work so you can focus on recovery.