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TEN MOST FREQUENTLY ASKED QUESTIONS ASKED OF
CALIFORNIA CAR ACCIDENT LAWYERS
Few experiences
are as traumatic as being injured in an accident. In addition to the
pain and inconvenience, many car accident victims face lost
income, medical expenses, loss of use and repairing of or replacing
their vehicle, and many other problems. Personal injury laws are
designed to protect accident victims. However, your best protection
is a qualified California Car Accident Attorney experienced
in personal injury cases.
This article answers the ten most frequently asked questions about
personal injury cases. This information cannot replace the
legal advice from a qualified attorney.
1.
WHAT AM I ENTITLED TO FOR MY INJURIES?
Because all
car accident claims are different, the value of each must be determined
individually. Your case’s value can be determined only after
medical treatment is completed and all other factors affecting the
case are considered. Other factors that might affect the value of
your case include how seriously you are injured, the type and amount
of medical treatment you receive, insurance policy limitations, and
whether or not you were partially at fault. Remember, an insurance
adjustor works for the insurance company, not you. Your attorney
will work to see that your
rights are protected and you receive a fair settlement.
2.
WHO CAN FILE A CAR ACCIDENT PERSONAL INJURY CLAIM?
Car accident
personal injury
claims allow people who have been injured to recover medical costs
and other losses. There are many types of car accident personal injury claims.
The most common is auto accident; however slip and fall injuries,
wrongful death, and product defects can also be grounds for personal
injury claims.
3.
CAN A PASSENGER RECOVER FOR THEIR LOSSES?
The driver at
fault is liable for all damages you suffer that are caused by the
accident. Any passenger who is injured may have the right to be
compensated for their injuries.
4.
WHAT ABOUT THE REPAIR OR REPLACEMENT OF MY CAR?
As a personal
injury victim, you are entitled to the repair or replacement of all
lost and damaged property. The driver at fault or their insurance
company must pay for the repair of all damages resulting from the
accident. If your car is a total loss, your attorney from the Law
Offices of Vaughan de Kirby will help negotiate the fair market
value of your car.
5.
WHY RETAIN AN ATTORNEY?
Insurance company
representatives, even those from your own company, are protecting
the best interests of the insurance company – not your interest.
Your rights will be best protected by a qualified, experienced,
attorney from the law offices of Vaughan de Kirby.
6.
HOW IS THE ATTORNEY PAID?
At the Law
Offices of Vaughan de Kirby a percentage fee is charged. This fee is
based on the compensation recovered on your behalf. This is called a
contingency fee agreement. The Law Offices of Vaughan de Kirby will
advance all costs on your case and these costs and the attorney fee
are only charged to you if and when a money recovery is secured on
your behalf. This puts an experienced attorney in your corner
without any risk to you of out of pocket expenses.
7.
WHAT IF THE DRIVER AT FAULT IS UNINSURED?
These can be
among the most complicated personal injury cases. Although most
state laws require drivers to maintain insurance coverage, many
drivers still go without. If the driver at fault is uninsured or
underinsured, the aid of a qualified attorney is extremely
important. Your attorney form the Law Offices of Vaughan de Kirby
can review your policy to determine if it includes “uninsured
driver” coverage.
8.
WHO IS ENTITLED TO A RENTAL CAR?
If you were not
at fault, you are entitled to rental car expenses while you car is
being repaired or replaced. Your attorney from the Law Offices of
Vaughan de Kirby will assist you in receiving transportation during
this time if the appropriate insurance coverage is available.
9.
CAN I CHOOSE MY OWN DOCTOR?
The law
specifically gives you the right to choose your own physician and to
receive all necessary testing and treatment, including emergency and
long-term care. You have the freedom to choose the type of medical
care you receive. The driver at fault or their insurance company
must pay the cost of the treatments you receive.
10.
HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT?
The amount of
time necessary to settle your claim depends on many factors, the
most important of which is the amount of medical treatment
necessary, the extent of your injuries, and disability, if any.
Before the claim is settled, your doctor should release you from
treatment. Settlement negotiations can usually begin immediately
after your doctor releases you and settlements can often be
concluded in a very short time. However, your particular case may
require the filing of a lawsuit to achieve the justice you deserve.
You and your attorney should be ready to go to court if it is
necessary. Do not hire an attorney who promises you a quick
settlement as this will can be at the cost of the fair settlement
you deserve.
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