Castro & Trodden

What To Do If You Or A Loved One Has Been Injured In An Accident

What is a Personal Injury?

A personal injury is any physical or mental injury to a person as a result of someone’s negligence or harmful act

What should I do after an accident?

Contact an attorney to advise you on the process.  Early representation will protect your rights.

I’m not sure whether I have a case or not! What should I do?

Protect your rights. Call a lawyer. Get a professional opinion. You have nothing to lose. Most attorneys do not charge for an initial consultation in personal injury cases.

What is the role of the adjuster from the At- Fault Motor Vehicle owner’s company?

Initially he may tell you he will conduct a preliminary investigation. At this time, the adjuster may attempt to sound like your friend, the adjuster’s real purpose is to convince you to settle your claim for a modest amount of money before you know how seriously you were injured. The insurance company may ask you to sign a Release. UNDER NO CIRCUMSTANCES SHOULD YOU SIGN A RELEASE.

Do I have a claim if I did not feel hurt at the scene?

At the scene, you may not feel injured. Many people begin to feel the pain later. Although you may not believe that you were seriously injured, you may feel pain later, including significant pain, when the emergency is over. See your primary care physician for a complete examination and treatment as soon as possible.

What if I’m “sore” – not hurt?

If you are “sore”, you may be hurt. Consult your doctor. If you do not see your doctor, you give the insurance company the ability to deny that you were injured in the accident.

How do I pay for an attorney?

In most personal injury cases, an attorney will accept a case on a “contingent fee” basis. A fee is contingent when it is conditioned upon your attorney’s successfully resolution of your case. However, the client is generally responsible for the “out-of-pocket” costs of litigation. A contingent fee is paid as a percentage of your monetary recovery – a portion of your award when you win. You pay nothing but “out of pocket” expenses if you lose.

What monetary recovery is permitted in personal injury claim?

Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident.

Do all personal injury claims go to trial?

No. In fact, most Personal Injury claims are settled with the insurance carrier for the “At- fault” party.

How long will it take to settle my claim?

There is no set answer. All cases are different. In most cases, the settlement process starts when you doctor releases you from your treatment. At this point, it’s a matter of both sides negotiating a dollar amount that is reasonable for your case and acceptable to you.

What is the value of my claim?

Until all the information on your injuries is available and all the facts of your case are known, the value of your claim is unknown. What are my property damage rights?

You are entitled to have a car repaired to its pre-accident condition or receive its “fair market value.”

What if the accident happened while I was working?

You may also be eligible for a Worker’s Compensation claim.