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What Are Your Rights? As a general rule, if you (the Plaintiff) sustain personal injury or loss as a result of another person's (defendant's) negligent act, you are entitled to recover monetary compensation. Common examples of personal injury claims include auto accidents, products liability, and industrial accidents. If you choose to seek recovery, monetary compensation is available for wage loss, property damage, employment benefit loss, health care expenses, pain and loss of enjoyment of life, disfigurement, disability, and other types of losses. Your ability to recover is based on factual and legal considerations. Key is whether the defendant has liability coverage for your injury. Your recovery is also dependent upon the defendant's ability to pay, either personally or through insurance; and/or through your own uninsured motorist or under-insured motorist coverage. In addition, if your own negligence contributed to the accident or loss, the court may assess you a percentage of fault which diminishes your recovery proportionately. Do You Need an Attorney? The law does not require you to hire an attorney to handle your personal injury claim. Nonetheless, the legal expertise and experience that a qualified personal injury attorney provides you will greatly increase your ability to obtain a prompt and fair settlement. Insurance and personal injury law are complex topics, and an attorney's expertise can prove to be invaluable when interpreting the law and your legal rights. Why Consult an Attorney First? Any information which you provide to an insurance company may be used against you. You are not required to make a statement to an insurance adjuster. It is advisable to speak with an experienced personal injury attorney before giving a statement to the insurance adjuster A qualified attorney knows how to present the facts to the insurance company and represent your best interest. Read your insurance policy and make a copy for your attorney. Even if you decide to handle your own case, a short conference with an experienced attorney can save you considerable trouble in the long run. If meeting with an attorney is impossible or inconvenient for you, be as reserved in your answers as possible. Be careful not to volunteer information unless asked. Be informed about the insurance benefits you have purchased. What Are The Costs Involved? Most law firms accept personal injury cases on a contingent fee basis. This means that the attorney is paid a percentage of the recovery received, and therefore is not paid until your case is finalized. If there is no recovery, there is no fee. The contingent fee is based on the attorney's time and services expended. In all cases, you pay the out-of-pocket expenses, such as filing fees, copies, transcripts, etc. Your attorney may advance costs for you, but you are obligated to pay costs at the time of settlement. It is very important to have a clear understanding of your attorney's fees and costs during your initial consultation. Are There Alternatives to a Lawsuit? Yes. As a general rule, most personal injury cases settle before going to trial through negotiation, mediation or arbitration. What About Health Care? You are free to choose any health care provider for treatment of your injury. Any competent health care provider, including a medical doctor, a chiropractor, a naturopathic physician, a physical therapist, etc. can assist you in your recovery. Some insurance companies discriminate against alternative care. For this reason, it is important to work with an attorney who understands all types of care and is experienced in resolving problems with insurance companies.
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Seattle - BY APPOINTMENT ONLY |
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© 2002-2008 The Law Offices of Kornfeld, Trudell, Bowen & Lingenbrink,
PLLC. All Rights Reserved. |
