1. What is a good Personal Injury case?
2. Can I collect for a slip and fall?
3. What do I do if involved in an auto accident?
4. What liability limits should I carry?
5. Can I collect from an auto accident if the other driver does not have insurance?
6. Can I collect if I don't have insurance?
7. What am I entitled to recover as a result of an auto accident?
8. What if my car is totaled?
9. Should I talk to my insurance adjuster?
10. Should I talk with the other driver's insurance adjuster?
PERSONAL INJURY
WHAT IS A GOOD PERSONAL INJURY CASE?
Lawyers look for three basic items to determine if you have a good personal injury case: (1) there must be INSURANCE, if there is not, damages will have to be obtained from the defendant's personal assets. No insurance creates problems in collecting the award or judgment. Lawyers generally do not accept cases without insurance coverage.
CAN I COLLECT FOR A SLIP AND FALL?
The answer is YES. These cases are classified under premises liability. Generally, slip and fall cases are extremely difficult cases, they are usually vigorously defended. While difficult they are not impossible. There is a lot of investigation that may involve experts and high costs. Why? Because the hard fact is just because you fall on someone's property doesn't always make them liable.
To prove negligence for your fall you have to prove (1) there was a DANGEROUS CONDITION. Not everything you encounter is considered "dangerous" under the law; (2) The landowner must have KNOWLEDGE of the dangerous condition. If the owner didn't know about the condition, there may be no liability; and (3) the owner need only use REASONABLE CARE to maintain the premises.
Each case must be examined on it's own facts. You may have contributed to your own fall through knowledge, actions and shoes.
WHAT DO I DO IF INVOLVED IN AN AUTO ACCIDENT?
To protect your interests, you should say very little and insist that the police are called.
DO NOT ADMIT FAULT. You may believe you are at fault, but you may be wrong. Facts may show that the other party bears some responsibility. GATHER INFORMATION. You can never have enough information. The law requires parties to, at minimum, exchange insurance information and drivers licenses. Be sure to obtain the vehicle license number and description. Note damage. Don't say your "OK". GET MEDICAL ATTENTION. At the first sign that something is wrong, get checked out. Symptoms generally do not appear for several hours. A medical examination will document any injuries. TAKE PHOTOS. As soon as possible take pictures of the damage to your, any visible injuries and the accident scene. You will be glad you did these things if something goes wrong and your fighting the insurance company a year later.
WHAT LIABILITY LIMITS SHOULD I CARRY ON MY CAR?
Liability coverage is required by law. The law only requires a minimum of $15,000/$30,000. This is to protect you in case you cause injury and property damage to another person. However, in today's world these minimum limits will not cover much in the way of damages. I recommend minimum coverage of $100,000/$300,000. This means that your insurance will pay up to $100,00 to any person that has injuries or damages that come to $100,000. If more than one person is injured your insurance company will pay no more than $100,000 per person or a maximum of $300,000 to be divided between all injured persons.
Relying on minimum policy limits is a gamble. If the damages are more than $15,000, you may be required to pay the difference your self. Many accident settlements settle within policy limits, but if not and you have assets, they may be at risk. The cost difference usually is not that great. Talk to your insurance agent.
CAN I COLLECT FROM AN AUTO ACCIDENT IF THE OTHER DRIER DOES NOT HAVE INSURANCE?
Assuming that the accident is not your fault and you are covered by Uninsured Motorist Coverage, the answer is yes. If you do not have uninsured motorist coverage, you can get a judgment, but trying to collect it is up to you. All policies of automobile liability insurance must offer uninsured motorist coverage. You can elect to waive coverage, but it is not a good ides. The last figures I heard said that 25% of all drivers are uninsured. If you are hit by an uninsured driver, and you do not have uninsured motorist coverage, you are the one that will suffer.
CAN I COLLECT IF I DON'T HAVE INSURANCE AND THE ACCIDENT WAS NOT MY FAULT?
The answer is yes and no. The law requires that you carry liability insurance. The law also says that if you do not carry liability insurance and you are injured while driving a car, you can not collect pain and suffering damages. You may collect reimbursement of medical bills, property damage, loss of earnings and other documents losses, but no pain and suffering.
WHAT AM I ENTITLED TO RECOVER AS A RESULT OF AN AUTO ACCIDENT?
The law entitles you to the following: (1) The COST TO REPAIR YOUR CAR. If your vehicle is totaled, you are entitled to the "fair market value" of that vehicle. (2) The COST OF A RENTAL CAR while yours is out of commission, or until the insurance carrier make a settlement offer for your car's damage. (3) REIMBURSEMENT OF YOUR MEDICAL BILLS, including hospital, doctor, x-rays, medication and physical therapy. Future medical costs may be recoverable depending on the severity of your injuries. (4) LOSS OF INCOME, if you loose time from work while recovering from injuries. This includes reimbursement of vacation or sick time that you had to use to keep your job. (5) OTHER COSTS, like lost or destroyed personal property, towing, storage. (6) RECOVERY FOR PAIN AND SUFFERING. This depends on the severity of the injury and the nature and extent of medical treatment and recovery.
WHAT IF MY CAR IS TOTALLED?
You are entitled to the "Fair Market Value" of your car. Fair Market Value is what that car, with similar mileage, accessories and condition, would sell for on the open market, in your general area. Some insurance companies use the Kelly Blue Book, that is an estimate of the national average of the value of the car. Kelly Blue Book is not Fair Market Value. How do you determine the Fair Market Value, look in the news paper for sales ads, visit dealers and see what the cars are priced. The insurance carrier usually makes a low offer. Do your homework and research the local value. Make a counter demand. Accept only what you think is fair. Negotiate if you think the offer is low or if you just put a lot of money into that car.
SHOULD I TALK TO MY INSURANCE ADJUSTER?
You need to report any accident and you need to co-operate in their investigation. But BE CAREFUL. The person who caused the accident may have been uninsured or underinsured and you may have to make a claim against your own insurance company.
SHOULD I TALK TO THE OTHER DRIVER'S INSURANCE ADJUSTER?
Be careful anytime someone wants to talk to you about the accident. The information you provide may affect your claim and recovery. Insurance adjusters are paid to gather information and settle claims. The information they gather id for THEIR benefit not yours. If they settle with you be sure it was in their best interest not yours. The adjuster will want to take a recorded statement from you. MY ADVICE IS DO NOT SPEAK TO THE ADJUSTER OF THE PERSON WHO CAUSED THE ACCIDENT. I do not let my clients give any pre-litigation statement to opposing adjusters. You may say the wrong thing, or it will be twisted and used against you later. SEE AN ATTORNEY.
If you feel compelled to give a statement, get agreement first that you will be provided a copy of the tape. Do not admit liability. Do not say that you are OK, unless it has been over a week since the accident and you are sure that there are no problems with you. Many symptoms do not appear for several days to a week. If you do not feel right, SEE A DOCTOR, and tell the adjuster you do not feel right.
BEWARE IF THE ADJUSTER KNOCKS ON YOUR DOOR A COUPLE OF DAYS AFTER THE ACCIDENT. They are there to settle, they will have check ready for you, usually some minimal amount. If you accept the amount offered and sign a release, you will have closed that case forever.