FREQUENTLY
ASKED QUESTIONS
Please note that the information provided
is in no way intended to serve as legal advice. Please consult
with an attorney before making any decisions regarding your
case.
 Do
I really need a lawyer to pursue my case?
How
long will my case take?
Will
I be dealing with my lawyer or my lawyer's office staff?
Will
my case go to trial?
Should
I be seen by a doctor?
Who
pays for the doctor bills?
How
much is my case worth?
How
is my car going to get repaired?
If
my car is declared a total loss, how is the value determined?
Who
pays for my rental expenses?
How
does my attorney get paid?
Who
pays for the costs of pursuing the case?
Should
I take photographs?
Are
personal injury settlements taxable?
Do
I really need a lawyer to pursue my case?
There are some people who have attempted to pursue their
own personal injury cases, but this can be very difficult.
You will be up against seasoned experts from the insurance
companies who will more likely than not attempt to compensate
you far less than the actual value of your case. Handling
your own personal injury matter is like attempting to perform
surgery on yourself. You could probably do it, but the results
will likely be undesirable.
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How
long will my case take?
The length of a personal injury case, from beginning to end,
is often times determined by the severity of the injuries
and how long it will take to fully recover from the injuries.
If the injuries are very minor and there is enough insurance
to cover the full extent of the injuries, the case should
resolve within 6 to 10 months. If the injuries are very serious
and there is little insurance monies to recover, the case
can also be resolved quickly. However, when there are major
injuries, insurance disputes, disputes over fault, and prolonged
medical treatment, the personal injury case can last substantially
longer.
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Will
I be dealing with my lawyer or my lawyer's office staff?
At D'Agostino & Associates, we do not assign a file to any one attorney. Here, a client retains the entire firm, of five full time attorneys and over twenty staff members who are there to help.
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Will
my case go to trial?
The common misconception, probably brought about by television,
is that every case goes to trial. Nothing could be further
from the truth. Approximately 95% of all cases brought and
filed in the court system are resolved before trial. Trials
are extraordinarily unpredictable, expensive, and time consuming.
Because of that, in the interest of all parties, the vast
majority of cases are resolved without the necessity of a
trial.
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Should
I be seen by a doctor?
If you were injured in the accident, you should seek medical
attention which would be appropriate for your injuries as
soon as possible. With some types of injuries, you may not
experience any pain or discomfort for a day or two following
the accident. In any event, it is best to use common sense
- if you are in fact injured, the sooner you seek medical
treatment, the better off you will be in the long run. It
is best to rule out a more serious injury by seeking medical
attention as soon as you begin to feel pain or discomfort.
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How
much is my case worth?
Prior to reviewing all of the evidence in a personal injury
case, it is nearly impossible to accurately predict the true
value of your case. There are some lawyers who will "ball
park" the case, which we believe is a mistake. Until
all medical documentation has been reviewed, photographs examined,
liability determined, loss of earnings determined, future
need for medical care and expenses are evaluated, the value
cannot be determined. In other words, all facts and evidence
of a case must be at the disposal of your attorney in order
to make a clear, informed, and professional opinion.
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How
is my car going to get repaired?
If your vehicle is repairable, you are permitted to take
it to any body shop of your choice. Insurance companies cannot
dictate where you must take your vehicle. Sometimes it is
advisable to use your own collision insurance in order to
get your car repaired quickly. If you rely on the insurance
company for the at-fault driver to repair your car, it may
take longer to get the vehicle repaired due to the insurance
company’s duty to investigate the case prior to setting
any claims. If you incur a deductible by going through your
insurance company, the at-fault party’s insurance company
will usually reimburse you for your deductible.
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If
my car is declared a total loss, how is the value determined?
You are entitled to the fair market value of the vehicle
at the time of loss. You are not entitled to the amount you
actually paid for the vehicle, unless the fair market value
at the time of loss is more than what you paid for the vehicle.
Please keep in mind that if there is any monies left owing
on the vehicle loan or lease, the lender will have to be paid.
If the vehicle is worth less at the time of loss than the
money owed on the vehicle loan or lease, you may end up owing
the lender more than what the insurance company is obligated
to pay you. While this situation is uncommon, this obviously
can be a devastating loss. The purchase of "gap insurance"
can reduce the risk of this unfortunate event from happening.
The value of a vehicle is determined by the insurance industry
via a consumer index. The Kelly Blue Book, while used as a
guide, is not determinative of value.
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Who
pays for my rental expenses?
The at-fault party’s insurance company is also responsible
for your rental expenses. You can sometimes request that the
at-fault party’s insurance company be billed directly
for the rental expenses, although this is certainly no guarantee.
More likely you will have to rent a vehicle on your own and
get reimbursed from the insurance company at a later time.
If you have rental coverage under your own auto policy (which
is strongly recommended), it is sometimes easier to go through
your own insurance company for your rental expenses. It is
important that you do not rent a vehicle for more time than
is absolutely necessary, because insurance may not cover all
of the expenses.
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How
does my attorney get paid?
The standard fee is a contingent one-third of the net recovery. This is the same whether the case settles out of court or at trial.
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Who
pays for the costs of pursuing the case?
It is the client’s responsibility to pay all costs
of pursuing a case. Many lawyers require costs up front, others
advance the costs on the client’s behalf and then the
attorneys reimburse themselves at the conclusion of the case.
As a general rule, the stronger a case, the more likely it
is that attorneys will advance the costs on the client’s
behalf, reimbursing themselves at the conclusion of the case.
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Should
I take photographs?
Absolutely. Photographs of the scene of the accident, the
damage to the vehicles involved, and injuries to any parties
are critical to the success of a personal injury case. The
pictures of the above should be taken from all angles and
distances with a high quality camera. We always recommend
keeping a disposable camera in your car for purposes of photographing
accident scenes, if you are able to do so.
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I
didn’t get a copy of the police report, how can I get
it?
The police report will be obtained either by your insurance
company or your attorney by sending a request with a fee to
the appropriate law enforcement agency.
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Are
personal injury settlements taxable?
According to the Internal Revenue Service, settlement proceeds
from a personal injury action are not taxable, with the exception
of the portion of the case which was for loss of earnings.
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This section of our website
will be periodically updated to incorporate more helpful information.
However, if you have a question that isn't covered in our
F.A.Q, please feel free to contact us for a free consultation
and we will be happy to answer your questions.
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