Personal injuries arise from a variety of circumstances ranging from auto and motorcycle accidents, slip and falls, dog bites, assault and battery, product defects, and medical malpractice. If you have been injured, call Attorney Matthew A. Zenko NOW for a FREE and straight-forward consultation.
I have been injured, what do I do next?
Generally speaking, you should do the following:
How much compensation will I receive from my personal injury case?
The facts and circumstances of your case will determine the amount of damages that you will receive. The following components will factor into the damage calculation (if applicable):
Other factors that will reduce your damages include the degree of fault attributed to each party and pre-existing medical condition.
How will my personal injury case be resolved?
The facts and circumstances of your personal injury case will determine the necessary course of action to resolve your case. While the vast majority of cases are settled outside of the courtroom, there is always a chance that your case will be fully litigated. Generally speaking, your case will involve the following steps:
If filing a lawsuit becomes necessary, your case will involve additional steps. These steps may include responding to questions in the form of interrogatories, attending depositions, hiring medical experts and/or other experts, attending pre-trial meetings, attending motion hearings and, if necessary, eventually the trial itself.
How long will it take to resolve my personal injury case?
The facts and circumstances of your personal injury case will determine the amount of time that it will take to resolve your case. Cases can be resolved in a few months, but may take as long as two or more years before completion. However, because your case is settled "forever" upon executing a full settlement and release, it is important that all of your injuries and expenses are known before agreeing to settle your personal injury case. Therefore, it is imperative that you do not allow time to dictate your decision to settle your personal injury case, and that you consider all possible damages before settling your case.
Should I communicate with the insurance company?
You should communicate with your insurance company if you need to file a claim. If an insurance representative calls you to discuss your claim, you can provide basic information such as your name and contact information. However, you should not discuss the details of your claim. Politely inform the insurance representative that you want your attorney to handle all communications.
Do I have to use my settlement money to reimburse my insurance company?
This concept is known as the right of subrogation. Generally, your health insurance plan or policy has a subrogation provision. This provision gives your insurance company the right to file suit against the responsible party’s insurance company to recover amounts paid by your insurer on your behalf prior to the case being resolved.
In order settle the case, the responsible party’s insurance company will typically want your insurance company to waive its right to subrogation. To obtain this waiver, your insurance company will typically require you to agree to reimburse it for the amount already paid on your behalf. This reimbursement payment will normally be paid out of your settlement money. Consult with your attorney to discuss this issue in detail.
