Injured In An Accident?

Many accidents don’t just “happen” on their own. They result from someone’s carelessness or recklessness, or hazardous conditions, defective products, or placing you in dangerous circumstances. Very often, accidents cause injury to people, damage property and businesses interests, and create expenses that innocent parties have to pay, for something that was not their fault. When the person responsible for the “accident” refuses to take full and prompt responsibility for it, and pay you everything you are entitled “to make you whole”, very often a lawyer’s services are essential so that you can recover what the law allows you to recover. In many cases, a lawyer’s involvement also tends to have the person or firm responsible for the accident take corrective action, so someone else will not be similarly injured in the future. For example if a bus company allowed its drivers to speed, or does not enforce safety standards, your suit against the bus company may cause it to crack down on speeding or faulty equipment. This may help others from being injured in other bus accidents.

Generally, lawyers handle accident cases on a “contingent fee” basis. That means that they do not charge you any fee, until and unless they recover money for you. They then receive a percentage of what they help you recover. In some states, depending on the type of case, the maximum percentage the lawyers may charge is fixed by statute. In others it is what you and the lawyer work out between you. Similarly, in some states the lawyer may advance the expenses of obtaining medical records, accident reports, taking testimony, retaining experts out of his or her pocket, and you may not have to repay the advances unless you win. However in other states, laws require the client to front the out of pocket costs, or obligate the client to repay the lawyer for them, regardless of the outcome of the case.

No. If you get involved in an “accident” and the other person has insurance and reports it to his insurance company, it is quite likely that the insurance company will promptly contact you, by telephone or in person. You do not have to speak to them, and frequently it is wise to speak to an attorney first. Especially if there are personal injuries, it often pays to speak with an attorney first and have the attorney represent you in your dealings with the insurance company. Most of the time you’ll be far better off.

Yes. The term “accident” is commonly used to cover a wide range of things that were not intended to happen – or at least happen to the person injured. What is critical is the factual circumstances that gave rise to the “accident”. Depending on the factual patterns and circumstances, there may be dramatically different legal consequences even if the results of the “accident” were all the same. As there are sometimes important differences between them, Free Advice has sections on Auto Accidents, Boating and Water Accidents, Slips and Falls, Bus, Train and Plane Accidents and Wrongful Death.