Seegmiller Johnson Attorneys > Practice Areas > Automobile Accidents
Auto Accidents
Do I have a case?
One of the most common question when talking with people after an auto accident
is whether they have a case or not. To have a personal injury case, you must show
that you have been injured through the fault of another, whether by accident, intentionally
or due to negligence. In an auto accident this is often stated on the police report.
If there is any question as to who is at fault, it is best to have the authorities
come to the scene and take a report of the accident.
What is my personal injury case worth?
Another common question asked after determining you have a case is: What is my case
worth? The worth of a case is based on several factors which are sometimes difficult
to determine. For example, how the injury occurred, how severe is the injury, how
much pain does the injury cause, is the injury permanent? These are all questions
that help determine the value of your case. Only after all the information is gathered
and negotiations with the insurance company have begun can your case truly be evaluated.
In determining the value of a case the following is taken into consideration, which
you may be entitled to recover:
- Past and future medical bills
- Past and future lost wages
- Pain and suffering
- Mental and physical disability
- Disfigurement and scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
- Loss of love and affection
- Property damage
- Out-of-pocket expenses
Should I hire an Attorney?
To be honest, not all accidents justify the need to hire an attorney and in fact
you might be better off in some cases. For small, property damage claims with no
injury, you probably do not need a lawyer. That being said, it is ALWAYS best to
consult with an attorney first. Most personal injury attorneys offer a
free consultation
. During this consultation, the attorney will be able to help you determine if it
is in your best interest to hire them.
More often than not, it is in your best interest to hire an experienced personal
injury attorney. Insurance adjusters are very skilled at obtaining the information
they need from you to deny or minimize your claims. A personal injury attorney has
the experience needed to work with insurance companies and adjusters for the best
outcome of your case. Generally, people who hire an attorney receive 2 to 3.5 times
more money compared to those that don't.
When you hire a lawyer who is willing to take your case to trial if needed, value
is added to your case. A good lawyer will seek every category of damages that applies
to your case, finding ways to support those damages with evidence that will be admissible
in court. The threat of trial itself adds to your bargaining power. Insurance companies
know that it’s nearly impossible for you to take your case to trial and win without
a lawyer.
Also, there is a statute of limitations that affects your case. Depending upon the
circumstances of your case, the
statute of limitations
requires that a law suit be filed within a specific period of time. If you fail
to file within this timeframe, you will be prohibited from obtaining any compensation
for your injuries.
Timing is important for finding witnesses and gathering evidence to support your
case. This becomes more difficult the longer you wait so speaking with an attorney
as soon as possible is critical to your case.
Should I speak to the insurance company regarding the accident?
Simply put - No. You should not talk to the insurance company without first consulting
with a lawyer. The
insurance company
does not have your best interests in mind and
in fact are only looking out for their company and their interests.
If you
sign ANYTHING
with the insurance company, or give a recorded statement without
consulting an attorney first, you could be giving up your legal rights.
What should I do if an insurance company offers me a settlement?
Before accepting any settlement, it is always in your best interest to consult with
an experienced lawyer. Adjusters work for the insurance company and their job is
to settle the matter for the lowest possible expense to their company. A lawyer’s
expertise is not only vital but will also ensure that your rights are protected.
What do personal injury lawyers charge?
We work on a “contingency fee” basis, meaning you do not have to pay unless we collect
money for you. Our fee is based on a percentage of the money collected. Typically,
this fee is 33.33% for adults and 25% for children.
Must I go to Court if I hire a lawyer?
No. You are always in control of your case and you are the one who decides if your
case goes to court. Most personal injury cases are settled without going to court.
Do you allow free consultations?
Absolutely! You may
contact us
by telephone, fax, e-mail, or by filling out the
form on left of this page. Our telephones are answered 24 hours a day.
Why should I choose you as my lawyer?
We've been handling personal injury cases for over 25 years. Personal injury and
wrongful death cases are all we do. We have collected millions of dollars* in compensation
for our clients and their families.
*This does not guarantee, warranty, or predict the outcome of your case.
If you take my case, what will I have to do?
If you hire us as your attorney, you will be a significant part of your case. We
will ask you to help us gather information and documentation to support your case.
You will need to keep us informed about your medical treatment and physical limitations.
If we have to file a lawsuit you will need to participate in this process. We will
help you every step of the way.
How long will it take?
Most of the time, cases are resolved within a few months to a year. The time it
takes to settle a personal injury case depends on the circumstances surrounding
the case. The more complex the case, the longer it can take to settle. For example
if your claim is denied or a lawsuit must be filed then the process can take longer
than a year.
I have a lawyer. Can I fire them and get a new one?
You have the right to fire your current lawyer and hire a new lawyer at any point
in time. This is YOUR case and you make the decisions.