Free Personal Injury Info.
Understanding your rights when you've been injured
in an accident is important. We've provided the following
frequently asked questions and answers to help you
along that path.
If I have been injured and am the innocent victim
in an accident, do I have to hire an attorney to
collect my damages?
No, you do not have to hire an attorney, but look out! If your injury is minor
and your damages very small, it is possible you can do it yourself. Be careful.
Your claim is probably worth more than you think. But, why not get the opinion
of a professional? Initial consultations on personal injury cases are usually
free. Insurance claims adjusters are not paid to give money away. Sometimes
you have to be willing to fight. Many innocent victims lack the expertise to
take on the professional insurance adjuster who has been trained to settle
for as little as possible, often without regard to the true value and merit
of the claim.
Don�t settle an injury claim without consulting
with an experienced personal injury attorney.
What do I look for in selecting a personal injury
attorney?
Talk to a board certified personal injury and
wrongful death specialist. Find out how many serious
injury and death claims he has handled. How many
actually went to trial? A certified specialist has
been rated by other attorneys and judges for ethical
and professional competence. In your time of trouble
your attorney must have the skill and experience
to fully represent you.
What is a Certified Specialist?
Under strict rules issued by the Arizona Supreme
Court and State Bar, attorneys with sufficient trial
experience, education and training can become Certified
Specialists in special areas of the law. After successfully
passing a rigorous professional investigation and
the taking of a special examination, attorneys can
apply for certification.
In Mohave County only Denis R. Malm of Wachtel,
Biehn & Malm is a certified Personal
Injury and Wrongful Death Specialist.
What is a contingent fee?
The contingent fee is the most common form of
payment for plaintiffs seeking legal representation
in personal injury litigation. If the plaintiff does
not receive any compensation for damages, the attorney
receives nothing.
It gives injured people, regardless of financial
status, an even break in the courtroom and an opportunity
to pursue a valid claim against even the largest
wrongdoers for their negligence or recklessness.
Many untruths are spread by wrongdoers who seek
to eliminate courtroom access to victims with limited
financial means by seeking to destroy the contingent
fee system and by attacking the lawyers who speak
for the injured and damaged.
Contingent fees are the keys to the courthouse for
millions of innocent personal injury victims harmed
by wrongful and careless conduct or defective products.
Fee agreements vary from case to case and often the
fee is adjusted according to difficulty, time, results
and other factors.
I have medical coverage under my auto policy.
If I am hit by another vehicle and the accident
was his fault, which insurance policy pays my medical
bills? If my policy pays, will my premiums increase?
The "medical coverage" of your auto
policy will pay your expenses without regard to fault
or other insurance. You paid for this protection.
The other driver�s medical coverage, if it exists,
will not apply. His "liability" coverage
will be available to compensate you for all of your
losses, including your medical expenses. This is
one of the rare situations where it is possible to
be compensated twice.
Premiums go up when, and if, your insurance company
determines that the accident was your fault.
What is a "whiplash" injury?
It is a poor choice of words commonly used to
describe injuries known generally as "Cervical
Acceleration � Deceleration Syndrome." We are
talking about trauma to the spine often resulting
from violent impacts between automobiles. Many kinds
of health care professionals discover and treat these
injuries following accidents, including your family
physician, chiropractor, physical therapist or neurologist.
An experienced trail attorney can work closely with
your doctors.
The success of treatment, extent of disability,
and the quality of the individual�s recovery form
accident-caused neck injuries, can vary widely form
one patient to the next. A competent medical care
provider can help such victims.
Insurance adjusters and defense people often have
to be persuaded to deal fairly with the victims of
these injuries. A certified personal injury specialist
will often be able to assure fair treatment by the
insurance industry and full recovery for injuries
and damages.
Why is it so difficult for an innocent accident
victim to receive fair treatment from insurance
companies?
Aggressive and unreasonable insurance adjusters
do as they are told. Most were trained by their insurance
companies to deal with injured victims. The adjuster
has one objective: save money for the insurance company.
Many lay people complain of unfair and unreasonable
treatment in these situations.
Sometimes the only way the innocent accident victim
can receive fair treatment is when she or he is willing
to fight. Don�t believe everything you are told.
Check it out. Talk to a competent trial attorney
before giving a written or recorded statement to
the other driver�s insurance company.
Don�t settle your own claim without first talking
with an experienced trial attorney who knows how
to work with insurance adjusters
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