Do attorneys charge for initial visits in personal injury cases?

Most attorneys do not charge for initial visits in personal injury cases. Also, in automobile accident cases, most attorneys charge only for recovery against third parties. No-fault insurance is usually handled by the attorney without charge unless a proceeding is required to get the benefits.


If I am in an auto accident, should I call my own insurance company?

You should put your insurance company on notice of an accident as soon as possible after the accident. You want to make sure that you have coverage. You should make sure to get the name of the claims adjuster and the claim number so that you will have this information handy when you see an attorney. If you have been in an accident in which you are injured, you should obviously first seek medical treatment. Give the healthcare provider all of the information you have with regard to insurance. This means you should provide information regarding your automobile insurance, your healthcare insurance and any other insurance which may be applicable such as worker’s compensation or Medicare. When you see your attorney, you will want to make sure that you tell the attorney all the possible sources of payment for your medical bills as your attorney may need to coordinate those benefits for you.


When I see an attorney after an automobile accident, what should I bring with me?

When you have scheduled an appointment with an attorney, you should bring with you every document you have regarding the accident. Often important information is written down on the backs of envelopes, McDonald’s wrappers and other bits of paper at the scene of an accident. When an insurance adjuster calls you, you may just have some slip of paper to write the information on. Bring all of this information when you see the attorney. Also, if possible you should bring with you every insurance policy which may be involved. That is, your automobile policy and also your homeowner’s policy if applicable. At minimum you should bring the declaration sheet of your automobile policy as this tells the attorney what the limits are on your coverage.


What is no-fault insurance?

No-fault coverage, also known as PIP, is the coverage you have under your own insurance company for payment of medical bills and lost wages after an automobile accident. Delaware law requires coverage in the minimum amount of $15,000 although it is recommended that you have a higher amount since current medical bills can be quite expensive. After an accident, your insurance company may automatically send you a no-fault application after you have spoken with the adjuster. Quite often the insurance company does not do this and the attorney must request it. It is best to have the attorney prepare the no-fault application for you so that the form is filled out properly.


I have been in an accident and the insurance company for the person that hit me wants a recorded statement, should I give it to them?

You should not talk to the insurance company for the other driver until you have spoken with an attorney. Your attorney will probably advise you not to speak to that adjuster at all, and the attorney will do so himself or herself. Such recorded statements are often taken inaccurately and are not under oath. Your attorney will usually advise you not to make such recorded statements at all.


If I am out of work due to an accident and I use vacation or sick time, will I get paid for that?

Under the best of circumstances, it normally takes at least 2 or 3 weeks to get lost wages set up under no-fault insurance. Therefore you may find yourself using your sick leave or vacation time to meet the bills at the end of the week. Once no-fault is established, you will be paid for your sick time and vacation time used. Often times the attorney will need to make sure this happens since insurance companies sometimes do not understand this.


If I am injured by an automobile accident while I am at work, am I also eligible for worker’s compensation?

If you are injured at work while driving an automobile, you are eligible for both worker’s compensation and no-fault benefits. You also may be eligible for short-term or long-term disability. You should make sure that your attorney is aware of all of these so that the attorney may coordinate benefits for you.


What should I do about property damage after my car has been in an accident?

In most cases it is best to use your own insurance company to pay for the property damage to your vehicle. If your vehicle is drivable some insurance companies have drive-up services which make an immediate estimate and will pay for the repairs to your vehicle. However, it frequently occurs that the damages to your vehicle are more than the value of your vehicle. Your insurance company should pay you the fair market value of your vehicle less any deductions. Usually the insurance company will offer you an amount close to the fair market value, but sometimes insurance companies will try to get away with making a payment which is much less. You should discuss this with your attorney to see if you are getting a fair deal from your insurance company. The attorney may need to intervene.


My vehicle has been totaled and it is sitting on a storage lot, what do I do?

You should try to work out arrangements for payment of your vehicle as soon as possible after the accident. When a vehicle sits on a storage lot, it starts to accumulate storage charges. Normally the insurance company will pick up the storage charges for a reasonable amount of time. However, if the amount of time becomes unreasonable they may deduct the amount of storage from the amount of payment to you.


What if I do not have property damage insurance on my vehicle?

Often times, especially with older vehicles, people decline collision insurance on their own vehicles. Thus, the only way you will get paid for the accident is to look to the other insurance company for payment. Because the other insurance company will want to satisfy themselves that they are responsible, this may take several weeks to establish. You will want to make sure that the car is removed from any storage lots since you may begin to accumulate very substantial storage charges.


After an accident, should I take photos of the damages to my vehicle?

It is a good idea to take photographs of the damages to your vehicle. If the vehicle is drivable, sometimes your attorney or someone in the attorney’s office will take photos for you. While these photos may or may not be admissible in a proceeding, they certainly are useful in negotiating your claims.


What is uninsured motorist coverage?

Uninsured motorist coverage covers you for an accident which is caused by an insured driver. The driver of another vehicle may be insured but runs away from the scene of the accident. You are also covered for uninsured motorist in that case as well.


What is underinsured motorist coverage?

Underinsured motorist coverage pays you when you make a claim against a third party who does not have sufficient coverage to pay your claims. For example, the third party may have $15,000 coverage. If your coverage for underinsured motorist is greater than $15,000, you may collect all of the damages up to the limits of your policy. It is a good idea to carry underinsured motorist coverage at least in the amount of $100,000 since there are many drivers who only have $15,000 in coverage. Because of current high medical expenses and the potential for you being out of work a substantial period of time, underinsured motorist coverage is cheap but valuable coverage.


If I am in an auto accident, should I go to the emergency room?

If there is any doubt at all about your injuries in an automobile accident, you should go to the emergency room right away. It is often a hassle to go to the emergency room because you may spend several hours there. It is a good idea to be a patient since the documentation in the emergency room may be very important as you pursue your claim. Sometimes you may feel only a slight injury at the time of the accident, but three or four days later the pain becomes very severe. If there is no documentation at the time of the accident, it may prejudice your claims in the future.


How long do I have to make a claim for no-fault coverage?

The statute of limitations for no-fault is two years. There are a few exceptions which may extend that period, but basically all treatment has to occur within two years after the accident.


How long do I have to file an automobile accident case?

The statute of limitations for automobile accidents against third parties is two years.


How long do I have to file a medical malpractice case?

The statute of limitations for medical malpractice is two years unless the injury could not have been discovered within the two-year period. The law will give you a third year if the medical malpractice could not have been discovered within two years. There are some rare exceptions that can extend the statute of limitations. However, if you suspect malpractice you should bring the matter to the attention of an attorney as soon as possible since many attorneys will not take malpractice cases which are close to the statute of limitations because of the complexity and expenses involved.


If I suspect medical malpractice has occurred, should I continue treating with the doctor who committed the malpractice?

Sometimes a doctor who has committed malpractice upon you is someone you have been seeing for many years. You feel uncomfortable going to another doctor. However, the fact that you go back to the doctor who has committed a malpractice upon you can tend to mitigate that doctor’s negligence. If you suspect malpractice, you should certainly contact an attorney as soon as possible to get advice about what to do.


A doctor has committed obvious malpractice upon me; however, I was not injured. Should I pursue a malpractice case?

There are many negligences for which there is really no remedy. Medical malpractice, like other personal injury cases requires damages. A slight injury might only result in nominal damages. In medical malpractice cases, the costs of pursuing a malpractice case may well be much more than the actual damages which have occurred. Thus, medical malpractice cases are usually filed only when injuries are quite serious and permanent.


If I am injured at work, what is the first thing I should do?

When you are injured at work, you should make sure to see a physician. If you need to be out of work, make sure you get a disability slip from that physician. Also, you should make sure that you notify your employer right away and that your employer makes a first report of injury to the Industrial Accident Board. If your injury is not reported within the first 90 days, you will waive that period of time for collection of worker’s compensation. If worker’s compensation is not made at all within two years of the date of the accident, you will waive that claim.


What is the statute of limitations in product’s liability cases?

The statute of limitations for negligence is two years. However, there may be a longer statute of limitations for warranty. Thus, because of this overlap it would be a good idea to contact an attorney as soon as possible to determine when the statute of limitations runs. Also, in warranty cases it may be necessary to notify the manufacturer of the product within a very short time frame.