Personal Injury Frequently Asked Questions

If you were injured and have "personal injury protection" (PIP) coverage, you can make a claim for PIP benefits, which usually includes payment of medical bills and out-of-pocket expenses.

Promptly go see your family doctor, even if you've been treated already by paramedics / EMTs or at an emergency room. Your family doctor will know your physical condition better than any other doctor and can help determine your injuries and what can be done for them. Make sure to follow your doctor's advice, including promptly seeing specialists or other providers to which your doctor refers you.  If you do not have a family physician go to an urgent care or emergency room facility.

Finally, concentrate on getting better. That may sound simplistic but it is important. Unfortunately, bad things happen to good people. If you listen to your doctors and follow their advice, you will probably begin to feel better. Over time, hopefully all of your symptoms will disappear. While you are going through this process, however, treat getting better with the same level of seriousness you would any other commitment. 

1.  Do I need an attorney?

Most people involved in a motor vehicle collision are not aware of their rights. An experienced attorney understands how to properly and fairly evaluate and represent your claim to the insurance company while you can concentrate on getting well. Your attorney will determine available insurance coverage(s), communicate with your healthcare provider and review all information to be presented to the insurance company while keeping you informed of the entire process.

2.  Consultations.

Please do not hesitate to contact us with your concerns.   We provide initial conferences and preliminary claim analysis free of charge.  If you do hire us our fee is based on a percentage of the recovery.  “No recovery no attorney’s fee.”  From the time that an incident is reported, the insurance company is working (with attorneys behind the scenes) to investigate potential claims and their financial exposure. They seek to obtain any information, whether true or not. That information may be used against you so that they can lower the amount they have to pay. While some minor claims can be settled without representation, for most claims it is important for you to at least seek the advice of an attorney. Laws surrounding injuries, evidence, and insurance policies are complex and constantly changing. Many claims are filled with difficulty when an attorney has not been overseeing the situation - taped interviews by people who misstate the facts without your knowledge; lost evidence; failure to properly document wage loss and injuries; unreasonable treatment or billing; signing medical authorizations for the insurance company allowing complete access into medical and wage records - the list is virtually endless in the number of ways that claims can be adversely affected. 

Due to the unique facts behind each individual and their claim early representation may be invaluable. Please feel free to contact us immediately to discuss your claim and any questions or concerns you might have about it. Our telephone numbers and addresses are below - or you may email us now and we will promptly provide a reply.

3.  Giving explanations or statements.

If you have an attorney – let the attorney assist you in preparing a statement.  If you are asked to provide one to your insurance company or the other person’s (faulty party’s) insurance company remember anything you say to anyone or any insurance company can be typed-up and used later to influence your claim.  If you do not have an attorney be very careful about what you disclose.

4.  General information for collision victims.

Advise your healthcare provider of all symptoms and pain you are experiencing. The insurance company evaluates your claim based on your doctor's and healthcare provider's records and reports. Therefore, communication is important while receiving care. Many times people are pressured to settle their claims prematurely while they are still under active care. This is not fair to the injured party and usually only benefits the insurance company. Do not sign any type of release without careful consideration. Remember, once a release is signed, it puts an end to your claim.

5.  Who should I tell about my case?

If you have hired an attorney do not talk to anyone about your case except someone from your attorney's office. Only talk with your attorney or your attorney's staff concerning your case. You may be required to talk to your own auto or health insurance company.  You should get the approval of your attorney first. Your own auto or health insurance company as well as the faulty party’s insurance company may attempt to obtain information from you that could be harmful and may be used against you.

6.  What if the party at fault is uninsured?

During our first meeting, we will help you determine the available insurance coverage.  We will review as much insurance information as possible of the insurance policies involved. In some cases, where the party at fault is not insured or has inadequate insurance to cover your injuries, a claim can be made under your own uninsured/underinsured motorist’s coverage. No hesitation should be made in using this coverage since you have paid insurance premiums to compensate you if you are injured as a result of an uninsured or underinsured driver for these types of lawsuits.

7.  Insurance companies are calling me asking to take my statement about what happened in the incident. Do I have to give them a statement? If not, should I? 

The faulty party’s insurance company will routinely ask for you to give a recorded statement about what happened and how you are doing after the incident. You are not required by law to make any statement to the insurance company. The insurance company can and will use your statement against you if you say the wrong things. We recommend that you politely decline to give such a statement until you have had the chance to speak to an attorney.

Your own auto or health carrier can require that you provide information or a more detailed statement, depending on the insurance policy.  Before you provide any detailed information or statement, or sign a release (medical, wage, etc.) authorizing your insurance company access to medical or other private information, we recommend that you consult with an attorney.  If you do provide preliminary information upon initially reporting the claim do not provide speculative information about medical issues, income loss, extent of medical care or wage loss.  There are issues that cannot usually be determined without consulting medical professionals and the passage of time.  

8.  What if I have handled my claim on my own and feel overwhelmed by the insurance company?

Most cases we see have been handled without an attorney sometimes for months or years.  Consult with any attorney as soon as possible – better late than never.

9.  Things you should not do after a motor vehicle or pedestrian collision:

If you are injured seek appropriate care, follow-through with the recommended care including referrals made to other health care or specialty providers.

Do not give a statement to the faulty party’s insurance representative outside the presence of your attorney.

Do not accept settlement without first consulting an attorney.

Do not withhold information from your attorney as to how the incident happened, the injuries you sustained, or your pre-collision medical condition (any pre-existing conditions that have been aggravated by the collision).

Do not exaggerate the real extent of your injury, stay off work when it is not medically necessary or receive more medical treatment than is necessary.