Thursday, February 22, 2024
Professional

8 Common Questions in Personal Injury Cases

Personal injury is a broad subject covering a wide range of issues related to all manner of accidents, and it can be confusing. The typical losses in personal injury include bodily injuries and damage, and the recoverable award includes damages for medical expenses,  car repair, pain and suffering, wrongful deaths, and much more.

If you or a loved one is an accident casualty anywhere in Alaska or Anchorage, you should be compensated for injuries and damaged property. Most people hire attorneys in Anchorage, Alaska to file legal action and recover damages. Attorneys provide legal counsel and representation besides ensuring their clients’ legal rights and interests are safeguarded. However, the following questions can help you prepare for a personal injury claim.

  1. Can pursuing an accident claim impact my insurance premiums?

This is a major concern to accident casualties but the simple answer is it will depend on the facts surrounding an accident, particularly in auto accidents. If you were at fault and it’s established that your negligence or wrongful acts resulted in injuries, then your insurance company can increase the premiums or terminate the policy.

  1. Do I need a lawyer when accepting an insurance offer?

Always remember that adjusters have the interests of their employers; insurance companies–and their goal is to pay the least amount possible if they don’t manage to avoid liability. A just and fair compensation from your perspective could be an unjust award in your lawyer’s eyes. You should always consult your attorney before engaging the insurance company. The attorney should liaise with the defendant or insurance company on your behalf; that’s standard advice. 

  1. Am I entitled to damages if I was partly to blame for an accident?

Alaska uses comparative negligence rules where the plaintiff recovers the damages minus their share of fault. Supposing you contributed 40% towards the accident, you can recover 60% of your claim and your insurance pays the difference. The defendant is liable to their rate of responsibility, meaning if their responsibility is 50%, they will settle 50% of the claim.  Should I get a 2nd opinion if an attorney thinks I do not have a case?

  1. How long do I have to file my Alaska injury case?

You should initiate a legal action within the window provided by the statute of limitations. In most jurisdictions, you should file a claim within two-three years from the date of the accident. You should consult an experienced accident attorney for more on this subject.

  1. What’s the likely value of my claim?

The truth is that your claim will be worth what the jury will approve. Your lawyer should help you draft a reasonable claim after considering how your accident happened, who was to blame, the injuries sustained. The lawyer should then include the following economic and non-economic losses.

  • Medical expenses–current and future.
  • Lost wage.
  • Property damage.
  • Pain and suffering.
  1. Must I pursue justice through the courts?

Not all personal injury cases end up in court. If the defendant or insurance company is cooperative and they’re willing to resolve the case out of court, then there’s no need of going to court. Your injury lawyer should negotiate on your behalf but they can’t agree to an offer without your express approval. If negotiations are unsuccessful and no solution is forthcoming, your lawyer should file a legal action.

  1. How much do personal injury attorneys charge?

Most lawyers work on a contingency basis, meaning clients pay after receiving the expected results. If your lawyer loses the lawsuit, you don’t pay but if they win then you pay. The good thing with the law is that the legal fee is not an out-of-pocket expense. Legal fees, including investigators’ fees, experts’ fees, filing fees, and other expenses related to your case are included in the claim.

  1. When do I need an accident attorney after an accident?

If an accident results from the carelessness of another person, party, or entity, you’re entitled to recover damages. You can also recover damages for the wrongful death of a loved one after proving that the death was directly related to the accident in question.

The best time to involve an accident attorney is immediately after an accident happens to avoid legal complications, such as filing a personal injury claim within the statute of limitations and much more. Other appropriate times to consult a lawyer include:

  • When a legitimate claim is denied.
  • When the award given is unjust.
  • When there are chances of appealing for a better award.
  • When a ruling appears to favor the defendant unjustifiably.

Qualities of a Good Accident Attorney

You should evaluate your lawyer for the basic qualities of a good attorney, including:

  • Wide experience.
  • Role model character.
  • Keen to detail.
  • Self-starters.
  • Good listening skills.

Personal injury claims are typically complex but an accident attorney can help you recover damages for injuries and damaged property without struggling.

Editorial Team

iDeal BlogHub's Editorial Team delivers high-quality, informative content across multiple niches. Led by an experienced editor-in-chief, their expertise spans industries to provide unique perspectives.