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Personal Injury Frequently Asked Questions

 

  1.  Do I have a case?

  2. What is my case worth?

  3. Should I give the insurance company a recorded statement?

  4. What do I do if an insurance adjuster offers me a settlement?

  5. Do I need a lawyer?

  6. How do I find a lawyer that I can trust?

  7. What do lawyers charge?

  8. If I hire a lawyer, will he or she take most of my settlement?

  9. The insurance company says I can handle the case myself without a lawyer. Is this a good idea?

  10. Must I go to Court if I hire a lawyer?

  11. What if I don't want to sue anyone?

  12. Do you allow free consultations?

  13. Why should I choose you as my lawyer?

  14. If you take my case, what will I have to do?

  15. How long will it take?

  16. I have a lawyer. Can I fire him and get a new one?
     

 Do I have a case?

To have a personal injury case, you must show that you have been
injured through the fault of another, whether by negligence,
intentional misconduct or strict liability.

What is my case worth?

The worth of a case is based on a number of factors. For example,
the nature of the injury causing event, the severity of the injury,
the amount of pain the injury causes, and whether the injury has
lingering effects are all issues that affect the value of a case.
However, only after all the information is gathered and negotiations
have begun can your case truly be evaluated.

As we determine the value of a case, we take the following into
consideration, which a personal injury claimant may be entitled to
recover:

Past and future medical bills
Past and future lost wages
Pain and suffering
Mental and physical disability
Disfigurement and scars
Emotional trauma
Mental anguish
Loss of enjoyment of life
Loss of love and affection
Property damage
Out-of-pocket expenses

Click here to find out what your case is worth.

Should I give the insurance company a recorded statement?

No. You should not talk to an insurance company without first
consulting with a lawyer. It is common practice for insurance
adjusters to request that injury claimants give recorded statements
immediately following injury producing event. These recorded
statements are then later used against the injury claimants.

What do I do if an insurance adjuster offers me a settlement?

Before accepting a settlement, it is always in your best interest to
consult with a lawyer. Adjusters work for the insurance company, not
for you, and their job is to settle the matter for the lowest
possible expense to their company. A lawyer's expertise is vital for
injury victims that are ready to settle their cases, as a lawyer
will ensure that your rights are protected.

Do I need a lawyer?

For small, property damage claims with no personal injury, you
probably do not need a lawyer. However, for any claim involving a
personal injury, it is unwise to attempt to handle your own claim.
Insurance companies do not make their profits by paying, but by not
paying. Insurance adjusters are very skilled at obtaining the
information they need from you to deny or minimize your claims.

There is a statute of limitations that affects your case. Depending
upon the circumstances of your case, the statute of limitations
requires that a suit be filed within a specific period of time. If
you fail to file suit within the proper time limit, you will be
prohibited from obtaining any compensation for your injuries.

Finding witnesses and gathering evidence to support your case
becomes more difficult the longer your wait. Therefore, you should
consult a lawyer as soon as possible. Feel free to contact our
office for a free consultation.

How do I find a lawyer that I can trust?

We understand that any meaningful relationship is based on trust.
Trust your instincts. Discuss your concerns with the lawyer and form
impressions about what you are being told. Beware of lawyers who
tell you what you want to hear in order to get your business. Choose
a lawyer that answers your questions, seems genuinely concerned
about your problems, and creates realistic expectations.
Furthermore, retain a lawyer who specializes in personal injury
cases, has experience and the ability and means to go to trial if
needed.

What do lawyers charge?

We work on a "contingency fee" basis. This means that you do not
have to pay unless we collect money for you. Our fee is based on a
percentage of the money collected. Remember, if we do not collect
for you, you do not owe us one penny (no pun intended).

If I hire a lawyer, will he or she take most of my settlement?

This is a very common question. The lawyer should be honest with you
and tell you if his or her services will help you. Most of the time
you will make more money hiring a lawyer. We turn away cases if our
fee does not help an injured victim. However, please feel free to
contact our office for a free consultation.

The insurance company says I can handle the case myself without a
lawyer. Is this a good idea?


Since a consultation is free, it won't hurt to ask if we can help.
Having worked with insurance companies on thousands of cases, we
know that no matter how nice insurance adjusters may sound on the
phone, they have one goal in mind above all others-to pay you as
little as possible. They are trained to do this.

Insurance companies do not work for you. They are not trained, nor
are they qualified, to explain your legal rights. They will not give
you a fair assessment of the value of your case.

If your injuries are significant, a good attorney can help you in
numerous ways. When you hire a lawyer who is willing to take a case
to trial, value is added to your case. A good lawyer will seek every
category of damages that applies to your case, finding ways to
support those damages with evidence that will be admissible in
court. Also, the threat of trial itself adds to your bargaining
power. Make no mistake: the insurance company knows that it's almost
impossible for an injury claimant to take a case to trial and win
without a lawyer.

Must I go to Court if I hire a lawyer?

No. You decide if your case goes to court. Most personal injury
cases are settled out of court.

What if I don't want to sue anyone?

Personal injury cases do not have to result in a lawsuit. We
understand that lawsuits are not pleasant, and we strive to do all
that we can to resolve your case short of filing a lawsuit. If a
lawsuit is necessary, we will make the process as easy on you as
possible, helping you every step of the way.


Do you allow free consultations?

Absolutely! You may contact us by telephone, fax, or e-mail. If you
have a personal injury or wrongful death case, we will schedule a
consultation appointment that fits your schedule. We will meet with
you in the evening or on the weekend if that is more convenient for
you.

Why should I choose you as my lawyer?

We have been handling personal injury and wrongful death cases for
many years. Our firm has handled complex litigation matters; so you
can rest assured your case will be handled properly. We have
successfully resolved over many thousands of cases, including
several multi-million dollar awards, for our clients. We have
received countless referrals from satisfied clients, which is the
best advertising anyone can ask for.

*This does not guarantee, warranty or predict the outcome of your
case.

If you take my case, what will I have to do?

If you hire us as your attorney, you will be a significant part of
your case. We may ask you to help us gather information and
documentation to support your case. You will need to keep us
informed about your medical treatment and physical limitations. If
we have to file a lawsuit for your case, you will need to
participate in this process. We will help you every step of the way.

How long will it take?

The time it takes to settle a personal injury case depends on the
circumstances surrounding the case. The more complex the case the
longer it may take to settle. Most cases are resolved within a few
months to a year. However, some cases may take longer, especially if
it is denied or a lawsuit must be filed.

We have successfully represented thousands of people with a wide
range of personal injury claims. Every claim is different. Feel free
to contact our office for a free consultation.

I have a lawyer. Can I fire him and get a new one?

Yes, you have the right to fire your current lawyer and hire a new
lawyer. It is common practice that your new lawyer and old lawyer
will share the eventual fee. The new lawyer will pay your old lawyer
a portion of the fee for his or her services. If there is a dispute
as to this amount, an arbitrator or judge will make the final
decision. The bottom line is that you should not have to pay more
than your agreed fee percentage. Feel free to contact our office and
we will provide greater detail.

 

IF YOU HAVE BEEN SERIOUSLY INJURED IN AN ACCIDENT
CALL THE LAW OFFICES OF MARKS & ACALIN FOR A FREE CONSULTATION


CALL TOLL-FREE  1-888-640-0000
 


 


 

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Law Offices of Marks & Acalin     Copyright 2007  All rights reserved  info@marksacalin.com
4221 Wilshire Blvd. Suite 330, Los Angeles, CA 90010   Phone: 323.937.8888      Fax: 323.937.1780