Frequently Asked Questions

You won’t be compensated for old injuries unless the accident made them worse. Proving this often requires medical evidence and can be a major point of dispute with insurers.

If you’re partially at fault, your compensation may be reduced by your percentage of fault. In some cases, if you’re more than 50% at fault, you may not recover anything. A lawyer can help protect your claim.

You may recover economic damages (like medical bills and lost income), non-economic damages (pain and suffering), and, in some cases, punitive damages for extreme negligence. The amount depends on your case’s specifics.

Not always. Most claims settle before reaching court or trial. However, if the other side doesn’t offer a fair settlement, a trial may be necessary.

You’re not required to hire a lawyer, but one can help protect your rights and negotiate better settlements. Insurance companies often offer low payouts to unrepresented individuals. A lawyer knows what your case is worth and can guide you through the legal process if needed.

Your role in causing an accident could potentially limit or bar your recovery of damages in a personal injury claim depending on where the accident occurred. Generally, in settlement negotiations or if the case goes to trial, the parties will argue the percentage of fault of all parties. If you are determined to be partly at fault for the accident, any damage award could be limited by your percentage of fault.

In some states, if you are found more than 50 percent at fault or responsible in any percentage, you could be barred from recovering any damages, no matter how significant your damages were following the accident. This is why hiring a personal injury attorney is imperative.

No, filing a case in court and going through the court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle prior to filing a case in court or before a trial if a case must be filed.

A trial in a personal injury case is often the last resort for all parties involved because of the increased costs associated with a trial. Unfortunately, insurance companies and negligent parties do not always present fair offers for settlement, so a trial is always a possibility following an accident.