Frequently Asked Questions about Motor Vehicle Accidents

Click on any question below to reveal the answer.

Do I need an attorney?

Every case is different, but having an attorney represent you who is experienced in personal injury and who knows how to deal with the insurance comapnies can certainly incrrease your chances of getting a fair settlement or decision. I do not charge anything for an initial consultation so call me and we can discuss your specific case.

What if you cannot help me?

I have a written policy in my contract that you owe me nothing unless I can recover money on your behalf.

Won’t your attorney’s fee be the majority of any settlement I recover?

No. I have an unwritten policy that my attorney’s fee will never be more than the amount you put in your pocket.

What if I don’t think I am hurt?

Please feel free to call me anyway. I am happy to tell you what your rights are. If in several weeks from now, you have no problems stemming from the automobile accident, GREAT! However, let’s make sure we cover all bases now in case problems develop in the future.

I am currently represented by another attorney but, I can never get hold of him. Should I fire my attorney?

I would suggest you contact that attorney and tell him you want to sit down with him and go through your file with him for 30 minutes. Why wouldn’t you take this step? If he/she is handling your file on a percentage of the recovered funds, as most personal injury attorneys do, the meeting is not going to cost you any extra money in attorney’s fees. If he/she is unwilling to take this step, you are entitled to a copy of your file and your former attorney is allowed to assert a lien for his/her attorney’s fees. Nevertheless, I am happy to meet with you and review your file with you.

Am I going to deal with you, another attorney or a paralegal?

You will be dealing directly with me. I give out my cell phone number for a reason. I want you to be able to get hold of me. While you may catch me in the car or out with my kids, I will do my best to answer your call. As a result, you can call me in the evenings or on the weekends. I have found that my clients tend to be appreciative of the ability to get hold of me when they need me and they are overly considerate of not interfering with my time with my children.

I have been in a motor vehicle accident. Should I go to a doctor?

If you have been injured in a motor vehicle accident, you should see a doctor right away. Firstly, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Secondly, you should see a doctor because if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and what you did to fix them.

Do I have to go to court if I want to recover monetary damages?

Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.

If the accident was my fault, can I still recover compensation?

Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your fault is found to be over a certain level, it is more difficult to recover compensation. An attorney in your state can advise you on the rules in your area.

How much is my personal injury case worth?

Your attorney can speak with you about this, but even attorneys can’t necessarily pinpoint what your case is worth until it is close to a resolution. Many factors, including the circumstances of the accident, the state of the drivers involved and the insurance companies influence the outcome. So do your medical bills, your loss of income and the nature of your injuries. An experienced lawyer can work with you to decide whether to pursue legal action and how to proceed.

How soon do I need to bring my legal claim against the other driver?

It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy specifics. The nature of your injuries may even change the amount of time you have to bring a claim.

What if the insurance company offers me a check right away?

Before you accept anything — or sign anything — from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of work. Consult an attorney before you negotiate with the insurance company.

What if the other driver, who caused the accident, has no insurance?

Even though your state may require all drivers to carry a certain level of auto insurance, that doesn’t mean that everyone follows the law. This is why some states require insurance companies to offer drivers uninsured and underinsured motorist coverage. If your insurance policy has this feature, then it may compensate you for some of your losses.

Are there parties other than the at-fault driver against whom I can take legal action?

If you have been injured in a motor vehicle accident, there may be parties other than the at-fault driver who share responsibility for what happened. If the accident occurred because the other driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident, your state’s dram shop law may allow you to hold the business liable; this varies from state to state. If a defect in one of the autos caused or worsened the accident, the vehicle manufacturer may be responsible for the injuries that resulted. Or a third party may have left debris in the road or caused one of the drivers involved in the accident to undertake a risky driving maneuver to avoid collision. Finally, if the owner of the car driven by the at-fault driver negligently allowed the driver to use the car, the owner may be liable, too.

The Kentucky State Bar requires me to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.

The Desmond Law Office is a Louisville, Kentucky personal injury firm that specializes in motorcycle, trucking, and auto accidents. We offer effective and aggressive legal representation to accident victims and their families. If you've been injured in a car, motorcycle or tractor trailer wreck, contact us now for a free case review.