Frequently Asked Personal Injury Questions

Whether you caused the accident or not, Arizona law requires you to stay at the scene and provide your name, address, insurance and driver’s license information. Normally, when the police arrive, they will provide all people involved with a form titled, “Insurance Exchange Form.”

Often the person who gets the ticket is the person at fault, but this is not always the case. It is wrong to think you automatically have no case if you received a traffic ticket at the scene. Actually, fault is determined by the facts at the scene, not necessarily the police officer’s conclusions after the fact. Interestingly, if your case is ever in court, a traffic ticket will not even be allowed to come into the case for either side.

If you are involved in an accident, you should seek medical attention immediately. Even if you feel your injuries are minor, you should at least seek an evaluation. Moreover, if your medical provider puts you on a program of treatment, you should make all your appointments. Insurance companies will look at when you first sought medical attention, and how regularly you sought treatment when evaluating your claim.

If you are involved in an auto accident, the opposing insurance company will send you a form titled “Healthcare Authorization Form,” or something similar. Do not sign it because they will use it against you. You will have plenty of time to present your medical records to the insurance company on your own terms when necessary.

If you are involved in an auto accident, the opposing insurance company will send you a form titled “Wage Loss Verification form” Do not sign it because they will use it against you. You will have plenty of time to present the time you lost from work to the insurance company later on your own terms when necessary.

The insurance company may choose whether to repair your vehicle or declare it a “total loss.” Simply speaking, a total loss is when the cost to repair your vehicle is more than what the vehicle is worth. If your vehicle is declared a total loss, the opposing insurance company will pay you the fair value of your vehicle. In close cases, it is better to have your vehicle declared a total loss.

The insurance company must pay for your out of pocket costs, and must pay for your for pharmacy bills, property damage, some rental car charges, lost wages, pain and suffering, and costs of future medical treatment.

No. About 10-12 years ago this was a reasonable rule of thumb but no longer. Some cases you get 8 to 10 times your medical bills, and some just 1. However, a multiplier has nothing to do with it. Many factors go into the value of your claim and each claim is very different.

Very few car accident cases go to court, however, no law firm can guarantee you that they will keep you out of the courtroom. Sometimes filing a lawsuit is the only way to get fair payment for your injuries.

Many firms that you see constantly advertising on television will have paralegals handle your case. You should have a lawyer handle your case, not a paralegal.

How much do you charge?

Traditionally, auto accident and personal injury cases have been handled on contingency fees of 33 1/3%. Contingency means you do not pay unless your lawyer gets money for you. Many lawyers will charge less depending on the case.

Lawyers learn much from day to day practice, not books or online. Years of experience is helpful. Knowing how long a lawyer has been practicing may be helpful.