After someone has been in an accident, inevitably they are going to have questions. This post seeks to answer some of the most common questions I see in my practice.
1. What do I do if I was in an accident?
The first thing you should do after an accident is take a deep breath and assess the situation. Obviously, this is much easier said than done. However, if you can remain calm you will put yourself in the best position possible. At the accident scene, you should take photos. If you were in a car accident, take pictures of all cars involved and the surrounding area. If you fell at a store, take photos of what you fell on and the surrounding area.
You should also call the police and explain the accident. Memories fade over time so documenting the accident by photos and via a police report will preserve a record of what happened.
As soon as possible, you should be evaluated by a doctor. After an accident, adrenaline is running and you may not realize you were hurt. Typically, the person injured is not a medical professional who can diagnose and injury. It is critical to get a medical professional involved to evaluate your medical status. After you visit the doctor, you should follow their plan of care. This is the only way you will heal from the accident.
2. Will my case go to trial?
Most lawsuits end in a settlement, so it is unlikely that your personal injury case will go to trial. However, it is possible that a trial will occur, so it is important to work with your attorney and legal team to prepare and put you in the best position possible if your personal injury case goes to trial.
3. How much will I recover from my personal injury case?
It depends. There is no exact science to how much you can expect in a personal injury case. Unlike a breach of contract case where damages are easier to compute, personal injury cases involve a subjective element known as “pain and suffering.” Put simply, the first amount of your recovery is damages for medical bills, lost wages, costs for hiring someone to help you in and around your home, etc. Then, you apply a multiplier to these losses from 1-5 based on the severity of the accident. So, if you have $10,000.00 in medical bills you can seek pain and suffering damages of between $10,000.00 and $50,000.00. Again, this is not an exact science, and your recovery will depend on the specifics in your case but this is a good summary from the 30,000 foot view.
4. What happens if I partially caused the accident?
This is one of the things that may affect your pain and suffering damages discussed above. If you partially caused the accident you can expect to receive less compensation. Arizona is a “pure comparative fault” state. This means that a driver can recover money from an accident so long as the other person is at least partially at fault. You are entitled to recover as long as the other person is at least 1% at fault.
5. What does a personal injury attorney charge?
Because anyone can be hurt regardless of wealth, most personal injury attorneys do not bill hourly or charge up front costs. Instead, a personal injury attorney will get paid when you settle or win a jury verdict. A personal injury attorney will charge a percentage of the recovery and also deduct funds for costs they expended on your behalf (for instance, the cost to file a complaint, or costs for obtaining medical records).
6. How long do I have to bring a lawsuit?
The general rule of thumb is two years. However, there are exceptions to this general rule. For instance, if a minor was hurt in an accident a case can be brought two years from the date the minor turns 18. There are other possible exceptions so it is important to work with an attorney as soon as possible to determine when you must file your lawsuit.
7. How long will the personal injury process take?
Unfortunately, this is another question where the answer is it depends. A personal injury case can take as little as a few weeks, or it can take years if the case goes through trial and a possible appeal. The best way to move the case quickly is to be responsive to your attorney and legal team.
8. What will I have to do as part of the case?
As the Plaintiff, you will need to assist your attorney by answering questions and providing evidence. This mostly consists of providing documents (if you have any), meeting to discuss the accident and keeping you attorney informed of your medical treatment. If a lawsuit is filed, you will also have to answer discovery questions (usually consisting of how the accident happened, your medical treatment and how the accident affected your life) and you will have to sit for a deposition where the insurance company’s attorney asks you questions. If there is a trial, you will have to attend the trial and answer questions from your attorney and the insurance company’s attorney.
Conclusion
This blog sought to respond to some of the most frequently asked questions I have seen in my practice. It is by no means exhaustive but hopefully it gives accident victims some answers and can point them in the right direction.
Fowler St. Clair handles personal injury cases and is here to help. If you have any questions not answered by this blog post about the legal process or think you may have a case, you can always reach out and one of our trusted team members can discuss your potential personal injury case free of charge.