What
is attorney-client privilege?
What
if I want to make an accident claim for compensation
on my injuries?
If the other driver was at fault, you may be entitled to compensation - for
your personal injuries, pain and suffering, car damage and other expenses,
such as lost wages or the cost of a nurse needed after the accident. Your accident
claim for compensation should be made with the other driver's
insurance company a.s.a.p . But, if you are not satisfied with the amount they
offer, you may want to contact an accident
attorney. If you plan to sue, do not delay.
There are time limits on filing various types
of accident claim for compensation - usually
one to two year after the accident, but sometimes
much less so act quickly, you can sue for $5,000
or less in small compensation claims court. An
accident attorney can't represent you in this
court, but you can talk with one beforehand. If you want to sue for a larger
amount of compensation claim, you will need your
own accident attorney. An insurance company attorney
cannot represent you if you are the person who
is suing (the"plaintiff"). Many attorneys take accident cases
on a contingent "fee" basis. That means you do
not pay the accident attorney if you lose the
case. If you win, you pay the accident attorney
a percentage of the money you get. Most accident
attorneys charge a smaller percentage if the
case is settled before the attorney does all
the work necessary to go to trial. If you and
your accident attorney agree to a contingent
fee, the attorney must put the agreement in writing
and give you a signed copy. The contract should
explain what percentage the attorney will get
if you win and how it might vary. It should also
state who will pay for any court costs.
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What if
someone sues me for an accident compensation
claim?
If someone sues you for an accident
compensation claim what you should do is contacting
your insurance agent and/or your accident attorney
right away. If
you don't have an accident attorney you can contact
one here.
Generally, your insurance company
will assign an accident attorney to handle your
case. But, if you are sued for more money than
your policy covers, you may need your own accident
attorney.
Also, insurance company lawyers
do not handle traffic citations or criminal cases,
such as hit and run charges. If you are charged
with a crime and cannot afford a lawyer, call
your county's Public Defender. Depending on your
income, you may qualify for free assistance.
To find the Public Defender, look in the white
pages under the name of your county.
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Should
I get physical check-up after the accident?
A check-up is always a good idea
for both you and your passengers. You could be
injured and not know it right away. At least
call your doctor or another health care provider
for help in deciding what your needs may be.
Your automobile insurance may pay your health
care bills.
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What
should I do if the other driver does not have
insurance?
If the other driver caused the
accident and is not insured, your own policy
will pay for your personal injuries - if you
have "uninsured motorist" or medical payments" coverage.
If the other driver's insurance is not enough
to pay for all of your damages, your own insurance
may pay the difference - if you have "underinsured
motorist" coverage. If you do not have these
kinds of insurance or if your damages are more
than the policy's limit, you can sue the other
driver. However, even if you win the case, you
cannot be sure that the other driver has the
money to pay. If you have collision insurance,
it will pay for damage to your car, no matter
who is at fault.
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How does accident
attorney fee structures work?
Most accident attorneys charge
by the hour. Other fee structures include flat
fees, contingent fees or retainer fees. The following
provides a simple explanation of how each kind
of fee structure works.
The hourly rate primarily depends
on the attorney's experience, although other
factors include operating expenses and the location
of the practice. An experienced accident attorney
may also be able to give you a better estimate
of how much he will end up charging you for an
accident compensation claim.
Attorneys will charge a flat fee
when dealing with a more common legal matter,
such as composing a will or drafting bankruptcy
filings. When dealing with a flat fee, ask what
it covers.
Another common fee structure includes
a retainer fee. Retainer fees involve creating
an escrow account into which you pay in advance,
and they deduct from this account in accordance
with their hourly rate.
Accident attorneys occasionally
use a contingent fee structure. In this kind
of fee structure, accident attorney does not
charge any fees, but instead takes a percentage
of the settlement (usually 33%) and fronts all
costs related to bringing the matter. Contingent
fee structures are usually used in personal injury
cases and debt collection cases, but are not
allowed in divorce, criminal or child custody
cases.
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What
is attorney-client privilege?
Attorney-client privilege means
that any legal information or matter that you
discuss with your attorney cannot be discussed
with anyone else. Aside from a few exceptions
and unless you consent to release legal information
pertaining to your case, she or he is required,
by law, to keep all of your information confidential.
