FAQs

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Personal Injury

What is a mediation in a personal injury case?

It's a process where a neutral third party helps negotiate a settlement between you and the defendant.

What happens if I reject a settlement offer?

Negotiations can continue, and if no agreement is reached, your case may go to trial.

Can I still sue if my injury symptoms appeared long after the accident?

Yes, some injuries manifest later. It’s important to document your symptoms and consult a lawyer.

How do I deal with insurance companies after an accident?

It's best to consult with your attorney before speaking to any insurance companies.

What should I bring to my first meeting with a personal injury attorney?

Bring any relevant documents like medical records, police reports, insurance information, and any photos or evidence related to the accident.

How long will my personal injury case take?

his varies greatly depending on the complexity of the case, but it can range from a few months to several years.

What is contingency fee basis in legal representation?

It means you only pay attorney fees if they win your case, usually as a percentage of the settlement or verdict.

How much is my Personal Injury case worth?

One of the most common questions that many potential clients ask is “What is my case worth?” The common answer for this question is “It truly depends.” No Personal Injury claim is the same, therefore this can mean a wide range of numbers when it comes to case worth. Personal Injury claims are based on sustained injuries that were a result of the defendant’s negligence. Although it is hard to predict cost of treatment, there are other factors that play a role in a Personal Injury claim, including the strength of the plaintiff’s claim, the strength of the evidence supporting plaintiff’s claim, if the plaintiff has any fault of their own, etc. Thus, a Personal Injury case can be worth a wide range when it comes to the final settlement/judgment entered in a plaintiff’s favor.   There are two types of damages that may be awarded in a Personal Injury case: economic damages and non-economic damages.    Economic damages mean the damages that you paid out-of-pocket. These costs are easily calculated because they are the specific amount that you paid for services such as medical bills, lost earnings, any prescriptions, etc.    Non-economic damages are more difficult to define. However, usually these damages will include all of the emotional and psychological trauma that you have experienced as a result of the incident. Although these damages are more difficult to calculate, the amount depends heavily on evidence and the severity of the accident. These damages most commonly include pain and suffering, disfigurement, loss of enjoyment of life, etc.

What damages are available in a Personal Injury case?

There are two categories of damages in a Personal Injury action: economic damages and non-economic damages. Non-economic damages reflect pain and suffering, while economic damages reflect economic costs such as medical expenses, lost earnings, lost earning potential, property damage, and other out of pocket costs associated with the injury. A knowledgeable Personal Injury attorney will know how to best maximize damages to provide fair compensation to their injured client.

How do I know if I have a case?

It can be very difficult to know if you have a case. At Gomez Trial Attorneys, we offer free consultations with experienced Personal Injury attorneys. During the consultation, an experienced attorney will go over your case with you. These consultations are free with no commitment required.

How much does it cost to hire a Personal Injury attorney?

It costs nothing to hire a Personal Injury attorney. At TBW Law, we offer free consultations to evaluate each individual case. We operate on a contingency fee basis, which means that we only get paid if you win or settle and charge a percentage of the awarded amount at the conclusion of your case.

INSURANCE

What is a 'no win, no fee' arrangement?

It’s another term for a contingency fee arrangement, where you only pay attorney fees if your case is successful.

Can I still file a claim if I’m dealing with an injury from an accident that happened years ago?

It depends on the statute of limitations in your state. Discuss this with an attorney as soon as possible.

What should I do if the other party's insurance contacts me?

Direct them to your attorney. It’s best not to engage directly without legal advice.

Can I still sue if I signed a waiver?

In some cases, waivers can be challenged, especially if negligence is involved.

Can I claim for an injury caused by a product?

Yes, if the injury was caused by a defective product, you might have a product liability claim.

Can I claim for lost wages?

Yes, you can claim for both past and future lost wages related to your injury.

What if I can’t afford to pay for medical treatment?

Discuss this with your attorney. They may help arrange medical care that is paid from your settlement.

What if the person who caused my injury doesn’t have insurance?

You might pursue compensation through your own insurance policy or file a lawsuit against the individual directly.

Will my health insurance cover my medical bills?

Yes, but they may seek reimbursement if you receive a settlement or verdict.

What if I'm partially at fault for my injury?

You can still potentially recover damages. Many states have comparative negligence laws that allow recovery even if you're partially at fault.

Can I claim for emotional distress?

Yes, emotional distress can be part of your compensation, especially if it's linked to physical injuries.

How long will it take to settle my claim?

It depends. Settlement can occur at any point in the life of a case either before or after filing suit. However, some situations lead to quicker settlements. For example, in claims where the injuries are minor or the liability on the opposing party is clear, settlement is more likely to occur. These cases resolve faster because, as a defendant, going to trial would be riskier and more expensive than settlement. In cases where the damages are enormous, or the liability is questionable, defendants have more incentive to not settle the case. In these situations, a settlement can be prolonged or foregone entirely, allowing the case to proceed to trial.

What do I do if an insurance adjuster calls me?

Dealing with insurance adjusters can be very difficult following a serious incident. Hiring an experienced Personal Injury attorney can help mitigate this stress. An experienced Personal Injury attorney at GTA can help you evaluate your damages and fight for your compensation.  If you do not have an attorney when an adjuster reaches out, do not panic. If you are in the process of hiring an attorney, then tell the adjuster that you will follow-up once you have retained counsel. If you do not want to retain counsel, it is best to have all the correct information for your claim before you begin negotiating with any insurance adjuster.

RIDE SHARE INJURY

What should I do if I am injured in a ride share accident?

If you've been injured in a ride share accident, the first thing you should do is seek medical attention immediately, even if your injuries seem minor. Contact the police to file a report and collect evidence, such as photos of the scene and the ride share vehicle. Make sure to obtain the ride share driver's contact information and insurance details, as well as any passenger or witness statements. Afterward, consult with a personal injury attorney who specializes in ride share accidents to discuss your options for seeking compensation.

Can I file a personal injury claim if I was a passenger in a ride share accident?

Yes, if you were a passenger in a ride share vehicle and sustained injuries due to the negligence of the driver or another party, you can file a personal injury claim. Depending on the circumstances, you may be able to seek compensation from the ride share company's insurance or the at-fault driver’s insurance. It's important to consult with an experienced ride share accident attorney to determine the best course of action to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering.

Who is liable for my injuries in a ride share accident?

Liability in a ride share accident depends on the circumstances. If the accident was caused by the ride share driver's negligence, the driver’s insurance policy or the ride share company’s insurance may be responsible for covering your injuries. In some cases, if another driver caused the accident, their insurance may be liable. An experienced personal injury lawyer can help determine who is at fault and how to pursue compensation from the responsible party's insurance.