| Frequently
Asked Questions
1. Is there
a time limit on filing my personal injury claim?
2. An uninsured
motorist injured me. Is there anything I can do?
3. How much does
it cost to hire a personal injury attorney?
4. Do I have a personal injury case?
5. What if I have a case but am not located
in one of the states you serve?
Is
there a Time Limit on Filing my Personal Injury Claim?
YES. The Statute of Limitations restricts
the amount of time you have to file a claim. Typically, accident
cases allow you to file your claim within three (3) years
from the date of the accident. Some cases, though, including
those involving death, may have a shorter filing period. Therefore,
it is unwise to delay investigation and analysis of your claim;
an attorney may help you accomplish the same. If you fail
to file your claim in timely fashion, IT WILL BE FOREVER BARRED.
MOREOVER, if your claim is against any
sort of governmental entity, the time within which you must
file your claim may be as short as two (2) years, or less
in some instances. IN ADDITION, you may be required to provide
the governmental entity with NOTICE of your claim within thirty
(30) days from the date of the accident.
The bottom line is that while you may have
ample time within which to file a claim, you want to be absolutely
sure that you comply with any and all notice and filing deadlines,
and investigation is often a necessary prerequisite. You want
to be sure, then, that you thoroughly investigate any filing
and notice deadlines as soon as possible.
An Uninsured
Motorist injured me. Is there anything I can do?
There are indeed possible avenues
of recovery. First, it is possible that the adverse party
may in fact have insurance, despite having no proof thereof
at the scene of the accident. In addition, even if they were
personally uninsured, insurance may exist if that person borrowed
the vehicle from an insured driver, or that person may be
insured through a relative or employer.
In addition, it is possible that a claim
may be made through your own insurance policy(ies) depending
upon the type of coverage you previously purchased. Claims
may be made through the underinsured or uninsured motorist
provisions of your policy(ies).
How much does
it Cost to Hire an Personal Injury Attorney?
Typically, you may find an attorney
to represent you in an injury case on a contingent basis.
You do not pay an hourly fee; rather, the attorney is paid
a percentage of the entire recovery or your case at its conclusion.
It is important to note, though, that you are responsible
for "costs" incurred in your case, regardless of
the final outcome. "Costs" may include, but are
not limited to, filing fees, deposition charges, expert witness
fees and other litigation-associated expenses. If you need
help in settling the property damage aspect of your case,
many lawyers will generally not charge you a fee in doing
so.
Do I have a
Personal Injury Case?
The answer to this question really
depends upon a variety of factors. An attorney generally will
be unable to say "yes" or "no" without
first having a full understanding of the circumstances of
each particular legal situation.
What if I have a case but am not in
one of the states you serve?
You can visit the National
Association of Personal Injury Lawyers website to find an attorney who can help you. |