FAQ:
Personal Injury FAQ's
What is "personal injury"?
The term "personal injury" is used to describe physical or mental injuries which are suffered as the result of the negligence or lack of due care by another. This includes automobile accidents, industrial accidents, slip and falls, motorcycle accidents, medical malpractice, trucking accidents, and premises liability cases.
How is the injured person compensated?
The elements of damages in a personal injury case include past and future medical bills, past and future lost wages, scarring or disfigurement, pain and suffering, permanent disability, and humiliation, embarrassment and inconvenience.
How do I know if I have a case?
If you have been injured by the conduct of another, you may wish to consult with an attorney to determine whether or not you have a case and/or how strong your case is.
Do I have to advance money to my attorney to pursue my case?
Most personal injury cases are handled by this firm on a contingency basis, meaning that there is no fee due unless there is a recovery. The agreed-upon fee is withheld from the recovery or settlement.
Can I handle my own case without an attorney?
Yes, you do not have to retain an attorney to pursue your case. However, we are experienced in dealing with all aspects of a personal injury case, whereas you may not be.
How soon after my injury do I need to consult an attorney?
As stated above, you do not need to consult an attorney at all. However, if you have been injured in an accident and are unsure of your rights or how to proceed, it is advisable to consult an attorney. It is best not to give any written or recorded statements or sign any documents until you have done so. You may also be prohibited from filing a lawsuit and obtaining compensation if you delay beyond the statute of limitations. We can advise you as to the applicable statute of limitations in your case.
Workers' Compensation FAQ's
What should I do if I sustain an injury on the job?
First, you must report the injury to your employer. You should seek whatever medical treatment is appropriate for your injury. If your medical care provider authorizes you to miss time from work, make sure that your employer receives a copy of your disability slip.
After I report my injury, will my employer take care of filing my claim?
Upon notice of your injury, your employer is required to report the claim to their workers’ compensation insurance company. However, it is your obligation to file your claim with the Workers’ Compensation Commission. Our firm will be happy to assist you with the filing of the claim.
Do I need an attorney to collect workers’ compensation?
You do not need to have an attorney to pursue your claim. However, unless you are familiar with workers’ compensation laws and procedures, you may not be aware of all of the benefits to which you may be entitled. Should any dispute arise, you may be at a disadvantage in dealing with insurance adjusters and/or attorneys who are familiar with the laws and procedures.
Do I have to advance money to my attorney for him or her to pursue my case?
No. It is against the law for an attorney to charge you a fee in advance for pursuing your claim. Attorneys’ fees are paid to the attorney directly by the insurance company, and only after they are approved and ordered by the Workers’ Compensation Commission.
Can my employer fire me because I file a workers’ compensation claim?
It is illegal for your employer to fire you for filing a claim.
My employer or their insurance company agrees to pay my medical bills and pay me a portion of my wages while I am out of work. I don’t need to file a claim, do I?
Even though your employer has agreed to pay your bills and your wages, if you do not file a claim you may not receive other benefits to which you may be entitled, such as permanent partial disability, vocational rehabilitation, and reimbursement of some expenses. Also, there are time limitations for filing a claim, and if you fail to file within the required time your benefits may be terminated without recourse to you.
