Sutton Slover Law Frequently Asked Questions
If you are involved in an accident where you or your vehicle has been struck by someone else, you may be entitled to compensation for such factors as financial loss (both for damage and time off work), medical expenses (if you?re injured) and pain and suffering.
Every accident is unexpected. Hiring a personal injury lawyer after you’ve been injured in an accident is always an option. If the accident was the other person’s fault, you may have a legal right to recover for your losses, and a lawyer will help make that happen. But sometimes hiring a lawyer is not a good idea.
As your claim increases in value, so does the chances that the insurance company is going to dig in and fight to minimize your claim as much as possible. So if you have bills over $10,000.00 or found out you have a major injury like a herniated disc or broken bone, it is probably time to hire a lawyer.
If you got into a car accident that was not your fault, you have a right to hire a lawyer. While you do not need to seek legal counsel, a car accident lawyer may help you file a claim or lawsuit against a negligent party.
How much should you ask for? There is no one right answer. When valuing a client’s pain and suffering, a lawyer will typically sue for three to five times the amount of the out-of-pocket damages (medical bills and loss of work).
On average, the typical settlement can take up to six weeks for processing. This is due to a number of factors and may vary from one case to another.
Here’s how to settle a car accident claim without a lawyer so you can make the best decision for your needs and your finances. Evaluate the extent of your damages. Speak to the insurance adjuster. Craft your demand letter. Do your due diligence before going to court. Await the judge’s verdict and accept the settlement. a lawyer?
If the case doesn’t settle during a settlement negotiation, anything that was said during those negotiations remains privileged. The court noted that although settlement negotiations are confidential, the lawyers are not allowed to lie.
Yes, you can file a lawsuit after you’ve agreed to a settlement with the insurance company. However, it’s very possible that the judge will throw your lawsuit out of the court. After hearing your lawsuit, the defendant will inform the judge of the settlement agreement.
Most states have low minimums for liability. $25,000 for property damage and $50,000 for bodily injury. With $52,900 being the average bodily injury claim, one can see how insurance coverage limits may not provide adequate protection. When damages exceed these limits, the other driver may sue to recover the rest.
In most states, the party at the tail end of the car accident is considered responsible for the accident. Therefore, the majority of fault falls on the driver of the last car involved in the accident.
The percentage that a personal injury lawyer can receive in a contingency fee agreement varies, but typically ranges from 25 to 40 percent, and 33 percent (or one-third) is pretty standard.
10 Tips for Maximizing Compensation in Your Personal Injury Case Preserve Evidence. The jury is going to decide your case by looking at the evidence. Get Medical Treatment. Value Your Claim Fully. Don’t Be Too Eager. Explain Why the Offer Is Inadequate. Don’t Forget Future Damages. Build Your Case. Don’t Wait to File Your Case.
Generally, hit-and-run car accidents will not cause your car insurance rates to go up. You can file a claim for car repairs under the collision insurance portion of your policy. For hit-and-run accidents, your insurer may require you to report the accident within 24 hours of discovering the damage.
You are perfectly justified in requesting a reasonable amount of money for your pain and suffering and inconvenience caused by the accident. Settlements for minor injury claims typically include an amount for pain and suffering that is one-and-a-half to three times the amount of your medical costs.
Most cases settle out of court before proceeding to trial. Some say that the measure of a good settlement is when both parties walk away from the settlement unhappy. … This means that the defendant paid more than he wanted to pay, and the plaintiff accepted less than he wanted to accept.
That said, from my personal experience, the typical payout for pain and suffering in most claims is under $15,000. This is because most claims involve small injuries. The severity of the injury is a huge factor that affects the value of pain and suffering damages.
How Do I Prove “Pain and Suffering?” The severity of the injuries. The pain and discomfort associated with those types of injuries. How the injuries have affected your ability to work, enjoy life, and fully participate in family or social relationships. The amount of medical treatments the injuries require, and the discomfort accompanying such treatments.
How Is a Settlement Paid Out? Compensation for a personal injury can be paid out as a single lump sum or as a series of periodic payments in the form of a structured settlement. Structured settlement annuities can be tailored to meet individual needs, but once agreed upon, the terms cannot be changed.
As we mentioned before, most injured victims receive their settlement funds within about six weeks from the end of negotiations. However, additional delays can happen. If your settlement gets delayed extensively and you’re wondering what’s going on, you should contact your personal injury lawyer.
Settlement amounts have varied widely throughout history due to the specific nature of damages. Some estimates put the average car accident settlement for a minor to moderate collision at $20,000 to $30,000. Severe cases could be worth much more depending on circumstances.
The multiplier method is an equation frequently used by insurance companies and is a common way to calculate pain and suffering damages. You add up all actual damages (also called special damages) and multiply that number by a number between 1.5 to 5.
An automobile insurance policy will payout for pain and suffering damages in an accident case. They typically use the bodily injury liability portion of the policy for these payments. It will also cover any lost wages or medical expenses that stem from the accident.
Insurance companies typically multiply the amount of medical bills by a number between one and five to calculate pain and suffering. The more severe and permanent the injury, the higher the multiplier. You, or your attorney, will need to use your best judgment in estimating your pain and suffering.
In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award. For example, if you receive a settlement offer of $30,000 from the at fault party’s insurance company, you will receive $20,000 and your lawyer will receive $10,000.
One question that some people ask me just when they’re hiring me is, Can you settle my case without my consent? The answer to this question is simply no, an attorney cannot settle your case without your consent. A lawyer is not allowed to settle your case without your consent as it would be an ethical violation.
Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer.
You will be liable for any damages that were caused in the accident if it was your fault. … If you have auto insurance, it will hire an attorney to defend the case, and pay the damages up to the policy limits. If you don’t , she might get a judgment against you, but if you own nothing, there is no way for her to collect.
They cannot necessary take away your house. However, if they win a judgment above your policy limits, then you would be responsible for the excess and, the prevailing party does not care how you obtained the funds to pay them. They could also garnish your wages as a means to collect the judgment.
The lawsuit is not based on whether you can pay it is based on whether you owe the specific debt amount to that particular plaintiff. Even if you have no money, the court can decide: the creditor has won the lawsuit, and, you still owe that sum of money to that person or company.
You can sue someone for a minor car accident, but generally, the criteria for a successful lawsuit are as follows: The other party owed it to you to drive safely. They did not drive safely. Their unsafe driving caused your accident.
The main factor when deciding to sue the other driver after a car accident is whether you have been injured or not. If you have been injured, you likely have a viable car accident lawsuit and can potentially receive compensation for your injuries.
You can file a personal injury lawsuit up to two years from the date of a car accident. A statute of limitations establishes this rule; it restricts your legal rights to collect damages once the deadline has passed.