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Personal Injury

FAQs -  Motor Vehicle Accidents

Q: I was just in a motor vehicle accident. Should I seek medical assistance?

A: It is important that you seek immediate medical attention once you have been in a motor vehicle accident. A trained medical professional is best suited to determine the extent of your injuries yourself if any. Also it is important to document the extent of your injuries in order to bring legal action against the at-fault driver.

Q: Is it necessary to go to court in order to recover monetary damages?

A: That is a possibility. Most likely your case will be settled by the at-fault insurance company but it may be necessary to go to trial and await a jury verdict. Each situation is case specific and are bound by the applicable laws of the state.

Q: If I am at fault for the accident, is a recovery still possible?

A: Keep in mind that certain states have no-fault insurance laws. In these cases, you may seek damages from your insurance company. Some states have fault levels that, if exceeded, recovery becomes more difficult.

Q: What is the value of my personal injury case?

A: This is language that must be discussed with an attorney and at times will be difficult to determine until the resolution of your case. Several factors come into play when determining the value of a personal injury case. From the circumstances of the accident to the actual insurance companies involved all play a role in determining the outcome. Of course tangible items such as medical bills, lost wages, and extent of injuries are also taken into consideration. The experienced motor vehicle accident attorneys at the Law Offices of Reuben J. Donig can assist with the legal process and determine your best course of action.

Q: How quickly should I bring a legal suit against the at-fault driver?

A: Clearly this should be discussed with an attorney as there are time restrictions to taking legal action as well as restrictions imposed by at-fault driver’s insurance policy. There may be flexibility on this time frame depending on the extent of the accident victim’s injuries.

Q: What should I do if I am offered payment immediately?

A: You should completely aware of your rights and options before signing any documents from an insurance company. By accepting payment you may have given up your rights to further claims due to additional medical expenses or lost wages. Contact an attorney to handle this negotiation process.

Q: What are my options if the at-fault driver has no insurance?

A: There are those individuals that choose to put others at risk on our highways by not maintaining adequate automobile insurance. Because of this fact most insurance companies offer uninsured motorist or underinsured motorist provisions to their policies. If you have this additional coverage, you may obtain recovery through this method.

Q: Other than the at-fault party who else can I take legal action against?

A: Responsibility may be shared if the accident occurred because the other driver was drunk and it is evident that the establishment served alcohol to a visibly intoxicated driver. This liability is governed by individual state’s dram shop laws that allow you to hold the establishment liable. Potential liability for injuries or damages can be shared by the vehicle manufacture if a defect in one of the autos caused or worsened the accident. The owner of the car driven by the at-fault driver could also be held responsible if it is found that the owner was negligent in allowing its use.