FILING A LAWSUIT

 

Q: How long do I have to file a claim?

This depends on a number of factors, including the type of lawsuit and the state in which you live. Depending on where you live, and what the claims are, the time limit for filing a lawsuit after an event will be different. Laws called “statutes of limitations” set these deadlines.

Certain claims have a statute of limitations as low as two years, so it’s important to contact our attorneys today to discuss your case.

 

Q: How much does hiring a lawyer cost?

Most of our work surrounding personal injury is on a contingency-fee basis, which means you only pay us if and when we win your case. Our fee is a percentage of the verdict or settlement we obtain. However, not all of our practice areas operate this way. Before you retain us this will be spelled out depending on your case type.

 

Q: How much is my case worth?

Determining the worth of your claim will depend on the type and details of the case, the severity of your injuries, and insurance limits, among many other factors. Specifically, when determining how much your case is worth, at least five things are likely to be taken into consideration, assuming that liability is clear.

These considerations include:

• Past medical bills
• Future medical bills
• Lost wages
• Loss of earning capacity
• Pain and suffering

There is no blueprint for determining a case’s value. However, based on our experience with past cases, we may be able to estimate a ballpark value of your case once we have gathered all medical records and statements and have an idea as to whether the client’s physical and mental state has improved or worsened from the date of injury, among other things.

 

Q: What does it mean to “file suit,” and why do we do it?

The act of filing legal papers at the courthouse is called “filing suit.” The client gives the authorization to file suit after all other options have been exhausted during the pre-suit period. When a case is filed with the court, it does not necessarily mean you will be accompanying your lawyer to court.

 

Q: What is the difference between a civil case and a criminal case?

Civil cases typically involve a dispute of some kind between people or organizations. A criminal case pertains to an action that violates laws designed to protect communities from harm, and usually involves a person or an organization and the government. Therefore, the motivation behind the different case types and their outcomes are quite different.

 

Q: What is the difference between a verdict and a settlement?

A settlement is is an out-of-court agreement reached between the plaintiff and the defendant before going through with legal proceedings. Essentially, it’s a deal. A verdict is a decision made by the judge or jury at the end of court proceedings.

 

MOTOR VEHICLE ACCIDENTS

 

Q: How can an attorney help me after a car accident?

In a car accident, the accident is just the beginning of your problems. Navigating an insurance claim alone can be tricky, especially if the fault of the accident is disputed. In addition, insurance companies may try and settle your claim for less than it is actually worth. Hiring an attorney after an accident puts someone in your corner who knows your state’s laws and the tricks insurance companies may try and play.

 

Q: How long do I have to inform my insurance company that I was in a car accident?

Ideally, you should contact your insurance provider within 24 hours of the accident. Your insurance policy may stipulate that you only have a very specific amount of time to report an accident, but it may also use a vague term such as “within a reasonable time.”

 

Q: I’m in a “fault” state. What does that mean if I’m in an accident?

In “fault” states, the insurance company of the at-fault driver is responsible for paying for the injuries and damage that were sustained during the accident. In states that do not have no-fault insurance, it is imperative to never admit fault at the scene of the accident or on the phone later with an insurance representative. There is a process for determining fault, and it is best not to prematurely take responsibility for the accident.

 

Q: I’m in a “no-fault” state. What does that mean if I’m in an accident?

In no-fault states, policyholders are covered by their own insurance, regardless of who caused the accident. Known as personal insurance protection, PIP covers drivers regardless of if they were at fault for the accident. With PIP, your insurance company should cover compensation for lost wages and medical care. But the buck stops there. You can’t pursue further damages, such as compensation for pain and suffering.

However, if your claim meets a minimum dollar threshold due to severe injuries or sky-high medical bills, you may be able to depart from the no-fault system and file a lawsuit against the at-fault driver. This threshold varies by state. Morgan & Morgan attorneys will help you recover the full compensation to which you are entitled, including pain and suffering.

 

Q: What if I get into a car accident and I don’t have insurance ?

It is never a good idea to drive without insurance. If you get into an accident that is your fault, you will likely face criminal and administrative fines, in addition to whatever costs associated with accidents for which you are deemed responsible.

The extent to which you are on the hook differs depending on the state.

 

Q: What if I get into a car accident with someone who doesn’t have insurance?

It depends on where you live. If you live in a state with “no-fault” insurance, your insurance company covers your bills – to a point. If your medical bills exceed the amount your policy covers, your injuries may be considered “serious” or “significant” and you can pursue compensation outside the no-fault system through a lawsuit. In such a case, the other driver may have to pay you out of his or her own pocket, if you take them to court and win the case.

On the other hand, if you live in a state with “fault” insurance, things are more complicated. Since the other driver has no insurance for you to pursue compensation from, you can try and recover compensation directly from them in a lawsuit. However, if the other driver has few personal assets he or she may not be able to pay you what the court orders. Instead, some insurance policies include uninsured motorist coverage, allowing you to make a claim when the at-fault driver is uninsured.

 

Q: What information should I obtain from the other driver immediately following a car accident?

It is recommended that drivers collect the following information at the accident scene:

• Name
• Address
• Phone number
• Insurance company
• Policy number
• Driver’s license number
• License plate number

In some cases the driver with which you were involved in an accident is not the vehicle’s owner. In that case, be sure to find out to whom the vehicle is registered, and clarify the relationship between the driver and owner before you get the name and address for both individuals.

 

PERSONAL INJURY

 

Q: Can I still pursue compensation if I was partially at fault for my injuries?

It depends on your jurisdiction. In a few areas, individuals cannot recover compensation if their negligence partially contributed to their injuries. However, most jurisdictions maintain that victims can still receive compensation if they were partially at fault for their injuries. In these cases, the amount of compensation awarded to the victim may be decreased in accordance with the victim’s degree of negligence.

 

Q: Should I sign a release?

Before signing anything, be sure to contact a personal injury lawyer to ensure your rights are protected. If you sign a release, you may be unable to recover future damages. In some instances, the insurer may offer an early settlement, which may not fully compensate the victim, as he or she may still be unaware of the extent and future costs of their injuries.

 

Q: What are compensatory damages?

When you win a lawsuit, a judge or jury often issues a monetary award in the form of compensatory damages. These damages are intended to replace what was lost and nothing more. In order to receive compensatory damages, you must prove that you have suffered a loss that can be monetarily assessed and measured by a judge or jury.

 

Q: What are punitive damages?

Punitive damages are money awarded on top of compensatory damages, and they surpass the determined monetary value of your loss. These kinds of damages are rarely awarded, and their purpose is to deter the defendant from similar actions in the future. What counts as an act deserving of punitive damages is often vague and arbitrary, but fraud, bad faith, and an intent to harm usually make the list.

 

Q: What is a letter of protection used for?

Sometimes, people are lacking insurance coverage, or their PIP benefits have been depleted. When this happens, medical facilities and doctors will sometimes accept a “letter of protection,” which is a document allowing the patient to continue treatment without having to pay for it until a later date. Normally, there is no reimbursement made until the patient reaches a full recovery. It is essential that the client understands that if the case is not resolved in their favor, a letter of protection on file does not warrant them exemption from paying off their medical bills.

 

Q: What Is Negligence?

To have a viable personal injury claim, the victim must have been injured from the negligence of another individual or entity. Negligence occurs when an individual fails to exercise a reasonable standard of care for the safety of others. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.

 

CLASS ACTIONS

 

Q: Does joining a class action lawsuit cost me anything?

No. You do not have to pay a dime to join a class action lawsuit. If the suit is successful, lawyer fees are typically taken off the top of any recoveries. The only thing you give up when you join a class action is the right to file an individual suit against the defendant.

 

Q: How do class action lawsuits get started?

It only takes a single individual to contact an attorney and initiate a class action lawsuit on behalf of all who were harmed. Often, once the suit has been started, more people join to form a substantial group.

In some cases, the law may require a minimum number of members for class actions. In general, 50 members is almost always considered enough.

 

Q: What are the advantages of joining a class action lawsuit?

If you have limited time and financial resources, a class action lawsuit may be the only viable way to receive the compensation you deserve.

 

Q: What can I win in a class action lawsuit?

If you are part of a successful class action lawsuit, you will receive part of the winnings, whether it is a settlement or compensation ordered by a judge. This almost always comes in the form of financial compensation. Because there will be only one decision or settlement, all members (with the possible exception of the class representative) receive equal compensation.

If you believe you suffered to a significantly higher degree than other members of the class action, it may pay for you to opt out and file an individual claim.

 

Q: What is a class action lawsuit?

When a large group of people experience the same or similar injuries from a product, service, or action, they can come together as one entity to sue the defendant in a class action lawsuit. In these cases, the defendant is usually a company or corporation. One lawsuit is filed on behalf of everyone in the group, all claims are tried in a single court, and all members receive compensation, regardless of the degree of harm they suffered.

 

Q: What is a lead plaintiff/class representative in a class action?

The class representative, sometimes called a lead plaintiff, is the voice of the group. He or she is appointed by the court and plays a far more active role than other members, who simply wait to see the outcome of the case.

 

Q: What is the difference between class actions and mass torts?

Both class action lawsuits and mass torts involve large groups of people joining together against a defendant, but members remain autonomous in mass torts and that damages remain individualized. As such, rather than equally dividing compensation among all members of a class, you will receive compensation that is commensurate with the degree of harm you’ve suffered.