Personal Injury Frequently Asked Questions
My insurance company says I don’t need a lawyer. Are they right?
That will depend. It would be advisable to at least seek a consultation with an attorney to know whether or not you need one.
How long after an accident can I file a claim?
It will depend on who you believe is responsible for your injuries. In Arizona, there are strict requirements for submitting claims against governmental entities, and it is important to speak with an attorney as soon as possible after an accident to know what you need to do.
How much is my personal injury case worth?
The monetary value of a case depends on a variety of factors. Those include, in part, medical expenses, lost wages, injury, future losses, property losses, pain and suffering, emotional distress, and loss of enjoyment of life. Adding all of these factors together will determine the value of your case.
How long will it take to settle my personal injury claim?
On average, approximately 6–9 months. Usually you will not be able to settle your claim until you have completed treatment, which may take a number of months. From there medical records and billings need to be gathered, and experts may need to be retained to assist in proving up liability or damages.
How long will it take to receive my settlement money?
Once a case is settled, the insurance company will usually cut a check within 10 days. Once your attorney receives the settlement check, they will be required to put the check in their trust account for 10 business days before they can write a check to anyone, including themselves, client, or medical lienholders.
What should I expect in a personal injury deposition?
Expect to be questioned about how the accident occurred, your injuries and treatment, any other losses you experienced, as well as any pre-existing conditions or issues that you had prior to the accident.
What happens if I am partially at fault for my accident?
The insurance company may make a determination that you are partly responsible, and their offer to settle will reflect that determination. This is commonly referred to as comparative fault.
How will my medical bills be paid for while my claim is pending?
If you have insurance or Medicare, they may pay for your ongoing medical expenses and treatment. Understand that your health insurance company may be entitled to reimbursement for any medical expenses paid that are related to the accident. It is important to speak with an experienced attorney as there are numerous lien pitfalls that you can find yourself in that may impact yoru health insurance coverage.
Should I talk to the other driver’s insurance company after a car accident?
Yes, but only to arrange for repairs to your vehicle, or arranging a rental car. You should not give any statement, much less a recorded statement to the other driver’s insurance company. It is advisable to speak with an attorney right away to learn your rights, and understand whether or not you should give a statement.
What kind of information should I document to help my personal injury claim?
Immediately after the accident, when it is safe to do so, take photos and video recordings of the vehicles involved. Also, take photographs of any injuries you or your passengers may have sustained, and take notes of how the accident occurred and who said what immediately afterwards. Seek medical treatment right away, do not try to “tough it out” as it is important for your medical evaluation and treatment to occur close in time to the accident. Insurance companies often argue “remoteness of medical treatment” or “gaps in treatment” as a basis to offer less than what a claim may be worth. Also, document any time you lost from work, and any other expenses you may have incurred as a result of the accident.
Please note that the information contained here is for informational purposes only, and is not legal advice. For more information, see our Disclaimer.
Personal Injury FAQs
- My insurance company says I don't need a lawyer. Are they right?
- How long after an accident can I file a claim?
- How much is my personal injury case worth?
- How long will it take to settle my personal injury claim?
- How long will it take to receive my settlement money?
- What should I expect in a personal injury deposition?
- What happens if I am partially at fault for my accident?
- How will my medical bills be paid for while my claim is pending?
- Should I talk to the other driver’s insurance company after a car accident?
- What kind of information should I document to help my personal injury claim?