FAQ

Levine & Wiss has comprised a few of the more common questions here for you to review.

Do I have a case?
Do injury claims always go to court?
How long does it take to settle an injury claim?
How much will it cost to hire a Personal Injury Attorney?
Can I be compensated if I am partially at fault?
If I was injured in a DWI accident, do I need an attorney?
What information should I gather at the accident scene?

 

      • What will a Personal Injury Attorney do for me?

 

      • The attorney you choose should show interest in gathering evidence with an eye toward trying the case in court. If you have an attorney who appears to be waiting around for the case to settle, your alarm bells should be ringing; a good attorney does not assume a case will settle. Being prepared for trial may ultimately be what prompts the other side to offer a fair settlement. Be wary of hiring an attorney who rarely, if ever, goes to trial.

 

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    There is no exact formula for determining the amount of compensation you recover. A variety of factors are considered, whether by your lawyer, the Defendant and insurance companies in negotiations or by a jury in court, in determining fair and just compensation. These factors include severity of the accident, severity of injuries, impact of the injuries on the victim’s employment and day-to-day life, and extent of medical care, just to name a few. Aggravating factors such as drunk driving can both hasten settlement and affect the settlement amount.

    Fair compensation certainly includes more than just reimbursement for your medical expenses. A personal injury victim may recover compensation for—

    You are entitled to compensation for medical expenses even if those expenses already have been paid by a health insurance plan. The same is true for lost wages, regardless of whether you take sick days or receive worker’s compensation benefits.

    This, however, is not a windfall or double recovery. First, under a principle known as “subrogation” your health insurance plan (based on the plan documents) and your company’s workers’ compensation carrier may be entitled to reimbursement from your recovery for what they pay out. Therefore, in order to be adequately compensated you need maximum recovery from insurance in the event your health insurer or workers’ comp carrier makes a subrogation claim against your recovery.

    Second, if the Defendant’s insurance company reduces your injury compensation simply because you have paid for health insurance, or paid extra auto insurance premiums for “PIP” coverage (see below), or have accumulated sick days or paid vacation, the adverse insurer is taking unfair advantage of the fact that you are a responsible person and diligent worker. If you use up your sick days because of injuries from the auto accident, those days will not be available for other types of health problems. If you sacrifice to obtain extra insurance, the at-fault driver’s insurer should not get the advantage of your sacrifice.

    What do I do if the other driver doesn't have insurance in an Automobile case?
    What are Uninsured/Underinsured Motorist Benefits?
    What is Personal Injury Protection (PIP)?
    How do I file an injury claim?
    I have a personal injury question that you have not answered.