Frequently
Asked Questions
Q: What is a personal injury claim?
A: The right to recover damages resulting from
the careless or negligent conduct of another person, which negligence
or careless conduct caused a physical or emotional injury to the
claimant.
Q: Can I recover even if the accident was my fault?
A: Yes. Regardless of fault, you are still entitled
to first party benefits, including lost wages, medical care reimbursement,
and possibly damages for pain and suffering.
Q: I can’t afford an attorney. How will
I pay for one?
A: We typically take these claims on a contingency
basis. In other words, if we do not recover anything on your behalf,
we do not get paid. And, obviously, we have every incentive to obtain
as significant a recovery as possible on your behalf. The fee will
ultimately be a percentage of whatever amount we recover on your
behalf.
Q: What can I recover?
A: Following are things you can recover:
- Reimbursement for medical bills
- Lost wages
- Out-of-pocket costs
- Reimbursement for attendant care provided by friends or relatives
- Home modifications
- Damages for the loss of enjoyment of life
- Pain and suffering
- Damages for humiliation or embarrassment
- Damages for emotional distress
Q: From whom will I recover damages?
A: In the vast majority of personal injury claims,
there is an insurance company responsible to pay the damages or
settlement. In the event of a car accident where the at-fault driver
did not own the car, the car’s owner may also be liable for
damages. If the at-fault driver was impaired from consuming too
much alcohol, the business that served the driver the alcohol may
be liable for damages. If a defect in an automobile or the roadway
caused the accident, you may be able to bring action against the
manufacturer of the automobile or the entity responsible for maintaining
the roadway. In some cases, a business may be uninsured or self-insured
and is therefore the party responsible to pay the damages or settlement.
Q: How do I know if my injury entitles me to a
personal injury claim?
A: The only way to know for sure whether you have
a viable claim or not is to consult with an experienced attorney
who handles personal injury claims.
Q: Will I have to go to court?
A: Maybe not. Most lawsuits are settled before
ever getting to the trial stage. Settling lawsuits avoids the time
and expense of a trial and may result in a greater recovery. If
the case can’t be satisfactorily settled, however, it may
be necessary to go to court.
Q: How much will it cost me to have Bolhouse Law
Offices review my potential claim?
A: We will provide you with a free consultation
to determine whether you have a viable claim.
Q: Do I have to see a doctor?
A: If you are injured in an accident, you should
seek immediately medical attention for 2 reasons. First, for your
own well-being. Second, for proper documentation to support your
claim.
Q: How soon must I bring a claim against the responsible
party?
A: As soon as possible. However, most claims against
the at-fault driver expire on the third anniversary of the date
of the accident. Claims against your own insurance company for no-fault
benefits must be filed within 1 year.
Q: Should I accept a check from the at-fault driver’s
insurance company?
A: Absolutely not. Accepting a check may be construed
as a settlement, which would prohibit you from obtaining additional
amounts should your injuries be more significant than first thought.
Do not let the at-fault driver’s insurance adjuster push you
into accepting payment, signing a release or settling your claim
in any way before consulting with a personal injury attorney. The
insurance adjuster’s job is to protect the insurance company’s
interest, not yours.
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