Automobile Accidents
The most frequently asked questions by potential clients involved in automobile accidents are:
- Do I need to hire a lawyer?
- What damages am I entitled to?
- What is my case worth?
- How much will you charge to represent me?
- Do I bill my medical insurance plan or will the responsible driver pay for my medical expenses and wage loss?
The answers to these questions are as varied as the individuals that are involved in auto collisions. Auto accidents are extremely traumatic and can be life-changing events, especially where serious injuries are involved. The answers to the most common legal questions after an accident depend on several factors, and the most important one concerns the liability for the accident. If you were not at fault for the collision, or only partially at fault, or a passenger in the vehicle, you may need to hire a lawyer IF your injuries require medical care.
The answers to these questions are as varied as the individuals that are involved in auto collisions. Auto accidents are extremely traumatic and can be life-changing events, especially where serious injuries are involved. The answers to the most common legal questions after an accident depend on several factors, and the most important one concerns the liability for the accident. If you were not at fault for the collision, or only partially at fault, or a passenger in the vehicle, you may need to hire a lawyer IF your injuries require medical care.
However simplistic this may sound, several other factors, requiring competent legal advice, also are at play. If you didn’t have auto liability insurance on your vehicle, your damages are severely limited under the law. If the responsible driver is uninsured, your remedies will probably be with your own insurer under an ‘uninsured motorist’ provision of your policy, since drivers without insurance generally don’t have enough significant assets to pursue to collection. If the other driver had minimal liability insurance, you may have an ‘underinsured motorist claim’ if your injuries were significant. There are often several layers of underinsured motorist coverages, and allocating those amounts requires expertise that we have handled at Pohlson & Moorhead LLP for over 30 years.
These ISSUES REQUIRE EXPERIENCED LEGAL COUNSEL, which we at Pohlson & Moorhead LLP are happy to provide on a free consultation basis.
If injured in a collision, your DAMAGES are generally divided into two categories: (1) economic ( consisting of actual expenses or monetary losses, such as medical bills, lost wages, car rental fees, future treatment and income loss, etc.) and (2) non-economic damages, consisting of reasonable compensation for pain and suffering, scarring, emotional distress, etc.
The value, or WORTH, of these damages depends on each component of your loss, the diminution in your quality of life, and your medical and employment prognosis, and each of us are different in that regard. A sprained neck with no treatment isn’t worth much. A fracture or herniated disc is worth a significant amount of money, and more so if it impacts one’s employment. A traumatic brain injury, which we at Pohlson & Moorhead LLP have successfully litigated, is worth millions of dollars. It doesn’t cost you anything to discuss these issues with us, and if we can help, you are in good hands.
Our FEES, if retained, are on a contingency fee (or percent of the recovery) basis for all injury cases. Our fees vary depending upon the severity of the case and the amount of time required to prosecute the matter to a successful result. If we are unable to recover damages for you, you owe us nothing. Our fee scale is less than most experienced personal injury attorneys in California charge for similar services.
The responsible insurer for the person that caused the collision will not pay any of your MEDICAL EXPENSES or WAGE LOSS until the case is resolved and you either sign a Release agreement with them or obtain a judgment against their insured. We will handle the medical billings with your group insurer, auto insurer if applicable, and liens if necessary. Our focus is on getting clients ‘whole’ and you deal directly with us, not some paralegal or associate who may or may not return your calls or answer your questions during the representation.
If your automobile accident involved a dangerous intersection, or a hazardous road condition of a street or highway, we have successfully litigated those types of governmental claims also. If your collision resulted in relatively little property damage, but significant injury (‘MIST’ cases, usually hotly contested by liability insurers), we have successfully recovered six-figure judgments for similar clients. If the accident involved a drunk driver or DUI claim, please call us for additional information regarding your potential rights for punitive damages. Remember, there is no charge to discuss your claim with us. We are here to help you.