THE FOLLOWING DISCUSSION IS GENERAL IN NATURE AND NOT INTENDED AS LEGAL ADVICE. READERS ARE URGED TO SEEK OUT THEIR OWN LEGAL COUNSEL FOR ANSWERS TO THEIR SPECIFIC LEGAL QUESTIONS. Q. If I'm involved in an auto accident, what should I do initially? A. Obtain the name, address and telephone number of the other driver, as well as the name of his/her insurance company. Take down the names, addresses and telephone numbers of any witnesses to the accident. Have the local police department come to the scene of the accident if there has been any property damage or injury. In your report to the police only explain how the accident happened. Do not make statements about the accident to anyone other than the police on site. In the event of bodily injury, do not give a recorded statement to any insurance company, including your own, until you have consulted an attorney. As soon as possible after the accident, contact your insurance company or insurance agent. It is important to give your insurance company notice of the accident so you can qualify for the benefits to which you are entitled under your policy. Your insurance company has a duty to provide an attorney if you are sued as a result of the accident. back to top Q. Does everyone who is involved in an accident need an attorney? A. No. In fact, I would say that, in the majority of cases, persons do not need an attorney. However, it is generally a good idea to at least get in touch with an attorney shortly after your accident to determine whether you may have an acceptable case. These days nearly all personal injury attorneys will discuss your case for no fee, so you have little to lose. Don't put off calling an attorney about your case, as there are things that need to be done shortly after the accident to preserve your case, e.g., getting pictures of your wrecked car before it is repaired. back to top Q. How do I find a good attorney? A. Picking an attorney because he or she advertises on television (or on the Internet!) is probably not a good idea. There is certainly nothing wrong with advertising one's services, but to base your choice of a lawyer solely on that criterion would be foolish. Instead, talk to your family, neighbors and friends. Who did they use? Was a good result obtained? Was the attorney courteous? Was the attorney readily available by phone? Has the attorney been practicing for a long time? Does the attorney limit the types of cases she takes? These are all important considerations that need to be made. back to top Q. What determines whether I have a good case? A. Attorneys look at three primary considerations: (1) negligence; (2) damages; and (3) collectibility. Stated alternatively -- Did someone cause your injuries by acting carelessly or intentionally? Did you suffer significant, physical, economic or emotional injuries? Can the person who caused your injuries afford to pay you or does he have insurance? If any one of these three factors fails, your case is in trouble. For example, you may be involved in an accident where the other driver is fully insured and where you suffer serious physical injuries. However, if three neutral eyewitnesses reported to the police that you ran the red light and caused the accident, you do not have a good case. Likewise, if you suffered no ill effects or injuries and if your car has been repaired, you have no need to pursue a lawsuit since you really have no damages. back to top Q. Would I be crazy to try to settle my case on my own? A. For a small, minimal injury case, maybe not. Often, I decline to get involved in this type of case, but I do give the inquiring person my opinion about what the case may be worth and what they should settle for. For any case that does involve significant injuries and damages, I believe that it is rarely advisable for such a person to settle without being represented by competent counsel. back to top Q. How are attorneys paid for accident cases? A. In the overwhelming number of cases, attorneys and clients enter into what is known as a contingency fee agreement. The fee is contingent, or dependent, upon what the attorney can get for his or her client. Johnson & Johnson's typical contingency fee is 33.3% or one third. This rate seems to be the prevailing rate, although I have heard of attorneys charging more, or less. In addition to the percentage fee, we also charge for any expenses that we have to advance in your case. For cases that settle early on, expenses generally amount to less than $300. For cases that proceed all the way through trial, expenses are sometimes measured in thousands of dollars. back to top Q. How long does it take to get a case settled or into court? A. The answer to this question really depends. For an accident where liability is clear and where the injuries are minor and quickly resolved, a settlement could be obtained as quickly as 6 months after the accident. (I strongly urge clients to refrain from settling any sooner than 6 months to be sure that their injuries are fully healed.) For a case where injuries are severe, where multiple parties are involved, and where a trial is required, it may take a few years to fully resolve. back to top Q. While I'm waiting for my settlement or trial, how do I get my medical bills paid? A. Generally there are three ways you can deal with your medical bills. First, if you have health insurance, your health insurance company most likely will cover your doctor and hospital bills. If they do pay these bills they most likely then hold a right of subrogation in your claim against the negligent party, i.e., if you ultimately receive a settlement or award, your insurance company has a right to get back the money they paid out to your doctors and hospitals. Second, you probably have what is known as "medical payments" coverage under your auto insurance policy. If so, your auto insurer will pay your medical expenses (usually up to a limit of $5,000) that are caused by the accident. Once again, your auto insurer likely holds subrogation rights in your claim so you may have to pay them back when you settle your case against the other driver. Finally, many doctors are willing to wait to be paid until your case is settled. Similarly, hospitals will often wait to be paid, particularly if you send in a small check each month on your bill. back to top Q. Who should pay for my car repair? A. It really doesn't matter. Probably the easiest process is to have your insurance company repair your car. Assuming you were not at fault in the accident, the fact that your insurance company pays for the repair should not increase your insurance rates. If the other driver was at fault, your insurance company will ultimately get their repair costs back from the other driver's insurance company. In most cases, the personal injury attorney does not get involved in the repair of the car. The defendant's insurance company usually has separate adjusters for the auto damage (who deals with you directly) and the personal injury claim (who deals with the attorney). If there are problems along the way, I will get involved in helping out with the auto damage claim. back to top Q. What if the other driver didn't have insurance? A. In Ohio, when you sign up for auto insurance your insurer must offer you uninsured/underinsured motorist coverage. Unless you specifically decline this coverage, you will get it. Uninsured/underinsured motorist coverage applies when the other driver who caused the accident has little or no liability insurance. In such case, your insurer will pay you, not only for repairing your car and for your medical bills, but also for lost wages, and pain and suffering. All drivers should opt for uninsured/underinsured coverage. All drivers should also elect to get the highest liability limits that are offered -- higher limits do not add much to the cost of your auto insurance and afford you a lot of protection. There are many people driving around with only $25,000 in liability insurance. If you injure someone seriously, $25,000 is not going to be enough coverage and you may end up losing your house. back to top Q. How much is my case worth? A. There really is no clear answer here. Each case is individual and unique. The factors involved in analyzing a case are numerous: how serious were the injuries; how much were the medical bills; how did the doctor's report read; does the treating physician make a good witness; does the client make a good witness; does the negligent party (defendant) make a good witness; which court has the case been assigned to; do we have good photographs of the accident scene and injuries; did my client give a bad statement at the scene of the accident. And the list goes on and on. I generally do not have a feel for the value of a case (for settlement purposes) until I have sat down and completely gone through the file and read the traffic report, doctor reports, hospital records and other material in the file and written this all out in the form of a letter to the insurance adjuster. back to top Q. What if I have a question that's not set out above? A. Give me a call: Atty. Eric Johnson at (330) 533-1921. back to top
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