PERSONAL INJURY FAQ |
What do you mean by "personal injury"? What sorts of cases does this include?
"Personal injury" is a broad term that means any kind of
accident or occurrence that leads to bodily injury. Some
include:
• Car and truck accidents |
• Injuries to children • Motorcycle accidents • Bicycling/sporting accidents • Toxic exposure |
• Home accidents • Injury caused by a defective product, or personal injury |
How much do you charge for a personal injury case?
We charge on a contingency fee basis, meaning that you will not pay attorney fees unless there is a settlement or a winning verdict at trial.
What financial compensation can I get in a personal injury claim?
Depending on the type and extent of your personal injury, you may be
eligible for compensatory damages, and punitive damages. The damages
may include the following:
| • Medical bills • Lost wages and overtime • Pain and suffering • Physical disability • Disfigurement |
• Emotional trauma • Mental anguish • Loss of love & affection • Embarrassment • Mental disability |
• Property damage • All out of pocket expenses (transportation, house cleaning, grass cutting, and others) |
My insurance agent 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 meet with us. Remember that insurance companies do not work for you. They
rarely help you figure out your legal rights, and may not fully
understand them. They rarely give you a fair assessment of the value of
your case.You may also need help in addressing payment of your medical
bills or obtaining appropriate medical care.
Can I talk to you about my case for free?
Yes, please call 304-263-6601 to request a free meeting with Ms. Waugh.
What should I do immediately after an accident?
If you have been injured in an accident, call 911. Give the operator
detailed information about the incident, including whether or not you
need medical attention.
- Take notes, if possible. Write down the location and time of the accident and any other details.
- Exchange information with others involved in the accident or who may have witnessed the accident. Write down the make, model and license plate of the other vehicles involved. If possible take photographs or draw a diagram of the scene.
- Talk to witnesses. Obtain their names, addresses and telephone numbers.
- Cooperate with law enforcement. Be sure to contact law enforcement and provide information that is requested of you. Write down your accident or incident number and the officer's name and badge number.
- Contact your insurance company or agent as soon as possible, even if the accident was not your fault. Ask your company what documents are needed to support your case. Provide information that is needed and keep copies of all paperwork.
- You should contact an attorney at the earliest opportunity and before you give any recorded or written statement to the insurance adjustor.
How should I pay for my medical bills?
Eventually, the person who caused your accident, or their insurance
company, will be responsible for payment of your medical bills. This
typically occurs when your case is resolved. Until then, other sources
are available to cover those medical expenses. You should contact an
attorney to assist you in making this important decision. Most people
have "medical payments coverage" or "personal
injury protection"
on their own automobile insurance policies.
Those policies should pay medical bills.Your health insurance is also a
source of payment of your medical bills. An experienced attorney can
assist you in making sure your medical bills are paid.
I don't want to bring a lawsuit or seem greedy. Why do I need an attorney?
The adverse insurance company will make an offer to settle
your case promptly. Without an attorney, the insurance company will
know that you would be unlikely to file a lawsuit and that you must accept the
offer no matter how low it may seem. Your attorney will also be able to
assemble your case and present it to the insurance company in the best
possible light. Your attorney can make sure that all damages are
included in your final settlement, including lost wages and pain and
suffering. Finally, there may be additional insurance policies that are
available to cover your damages and your attorney can assist you in
figuring this out.
Do I have to go to court?
The majority of personal injury cases do not go to court. Usually
it is possible to negotiate with the insurance company of the person at
fault and obtain a reasonable settlement.
How much is my claim worth?
You have a right to be "made whole" or be fully
compensated for you damages. This means that you need to fully recover
and receive compensation for all of your medical treatment, pain and
suffering, and losses in the future.
How long do I have to settle my case?
This may vary depending upon the type of case that you have and the age
of the injured parties and other factors. You should contact an
attorney at the earliest possible date to be certain that you settle
your case timely, and receive the compensation that you need to cover
your losses.
When is the best time to retain an attorney?
As soon as possible after the accident. Since personal injury fees are
on a contingency or percentage basis, a delay in retaining an attorney
does not produce any savings. It can hurt your case. Don't let
the adverse insurance company take a recorded statement, they may try
to have you admit some responsibility for the accident or minimize the
severity of your injuries.
