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Should You File a Personal Injury Lawsuit?


You've been in an automobile accident. Your car is totaled or in the Shop. You're missing work and your vacation or personal time is almost exhausted. You have major medical bills and face a long period of physical therapy after you recover. And, it was the other driver's fault!

The other driver's insurance representative keeps calling you. He or she is oh, so nice and concerned about you. The company won't admit liability, but they offer to give you a lump sum settlement now to cover your estimated medical costs. Maybe they offer to pay for a rental car while your car is being repaired, or to pay the deductible to your insurance company for the repairs. But, they want an answer NOW, before you can talk to an attorney. They may tell you that you don't need an attorney, the two of you can work things out. You're confused - what is the best thing to do?

Consultations with a Personal Injury Attorney are usually free. Below are some things to think about before you make a decision. This is just a partial list of what a Personal Injury Attorney can do for you:
  • What if you miss work, but you get disability and use your vacation/personal leave time? Your attorney can still claim loss of wages for all the time you were off of work
  • What if you settled without an attorney and your medical expenses exceeded your settlement? You would be out of luck. Your attorney will not settle your case until all your treatment is finished and all the bills are in. If future treatment is indicated, he will include that in his settlement proposal. He can also negotiate with the healthcare providers to reduce your bills, so you keep more of the settlement money
  • What if you need a Specialist not covered by your insurance?
  • Were there other people in your car? Maybe a child who will have scars that can't be fixed until they're full-grown?
  • What happens if you will be unable to return to the same line of work you were in before the accident?
Call the office of a Personal Injury Attorney to find out for yourself how they can help you and your family. When you call, you will most likely speak with a paralegal (legal assistant) that will take essential information from you about the accident. Some of the things he/she will ask you are:
  • Date, time, and location of the accident
  • Your recollections of the accident
  • Your name, address, insurance carrier, driver's license number
  • The make and model of your car, the license plate number
  • The damage to your car. Was it towed? If so, by whom?
  • Did the police come? Did they take an accident report? If so, do you have a copy?
  • The other driver's name, address, telephone number, insurance carrier.
  • The other driver's automobile information. Damage?
  • Any witnesses? If so, do you have their names, addresses, and telephone numbers? (If not, this information should be on the Police Accident Report)
  • Were there other people in your car? If so, who? Were they injured? Were there other people in the other vehicle?
  • Was anyone transported by Ambulance? If so, which company?
The paralegal will discuss your case with the Personal Injury Attorney to determine if they can help you. Whether they determine they can help you or not, the paralegal will call you back promptly. If they can help you, they will ask you to come in for an appointment.

If you decide to seek out a lawyer, here's a guide to Personal Injury Lawyers:


Nolo's Lawyer Directory: Find a Personal Injury Lawyer




This post first appeared on Personal Injury Lawsuit Questions & Answers, please read the originial post: here

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