What is Personal Injury? Automobile Accidents are just one type of personal injury claim that attorneys handle. Although many accidents seem simple, recovery of money for damages and injuries is seldom easy. In most cases, an experienced attorney can help to maximize the recovery and assure that you are treated fairly. Other injury cases may be slip and fall or medical negligence (often referred to as medical malpractice).
How do fees work? Most personal injury cases are paid on a contingency basis. That is, the attorney is paid some percent of the recovery in the case. The standard rate is 1/3 of the recovery, with a higher rate in most medical malpractice and other more difficult cases.
Who pays? In most cases an attorney will represent an injured individual. Recovery is most often directed against the at fault party. The person who caused the injury, whether by accident in the case of most motor vehicle collisions, or intentionally, is the party at fault. That person can be made to pay for damages that he/she caused.
What about insurance? Often the at fault party has insurance coverage. If you are in a motor vehicle accident and the party at fault had insurance, their insurance will pay for your damages, potentially up to their policy limits. If your injuries exceed their policy limits, you may be entitled to collect directly from the party or from your insurer if there was uninsured or underinsured coverage.
How else can the attorney help? An attorney can do a variety of things. They can assure that you are paid for your lost wages, medical expenses as well as pain and suffering. Both past as well as future wages and expenses should be included in a final settlement. The attorney may also assist in temporary issues such as temporary disability, collection and payment of medical expenses, vehicle damage and rental car issues.
What about medical insurance? Medical insurance may be used to pay initially as well as provide for immediate coverage when liability is not clear or has not yet been determined. Often, once a case is settled there remains an issue of subrogation, which is where the medical insurance claims that they are owed from the proceeds of a settlement. This may be negated, paid or negotiated together with the final settlement.
Can I get a Consultation? Consultations for injury cases is free. If necessary due to extreme injuries, the attorney can come to your home or hospital to begin representation. For consultation, contact Michael Bouldin at 859-581-6453.