Guides for people hurt in an accident
Plain answers after an accident or injury: insurance claims, filing deadlines, what a case involves and whether you need a lawyer, then injury law firms near you.
- Should I talk to the other driver's insurance after being rear-ended?You can, but keep it short. You generally have no duty to give the other driver's insurer a recorded statement, sign a broad medical release, or accep…
- Do I need a personal injury lawyer and how much does one cost?Not always. Minor claims with no lasting injury are often settled without one, but most personal injury lawyers charge nothing up front and take a per…
- What is the statute of limitations for personal injury in each state?It depends on the state: most allow 2 or 3 years from the injury to file a personal injury lawsuit. Kentucky and Tennessee allow only 1 year, while Ma…
- Slip and fall in a store: is the store responsible?Sometimes. A store is usually responsible for a slip and fall only if it created the hazard, or knew or reasonably should have known about it and fail…
- Semi truck accident: who pays?Usually the trucking company's insurance pays. Interstate for-hire carriers hauling general freight must carry at least $750,000 in liability coverage…
- Hurt in an Uber or Lyft: whose insurance covers me?If you were a passenger on an active trip, Uber's and Lyft's insurance provides at least $1 million in third-party liability coverage. If another driv…
- Hurt at work: can I sue or only file workers' comp?Usually workers' comp only, against your employer. In most states workers' compensation is the exclusive remedy against an employer, but you can often…
- Dog bite: what to do and who's liable?Wash the wound with soap and water, see a doctor, and report the bite. The dog's owner is usually liable: many states make owners strictly liable for …
- Do I have a medical malpractice case?You may, if a doctor or other provider fell below the accepted standard of care and that mistake directly caused you significant harm. A bad outcome b…
- Is a $3,000 settlement offer fair?It can be fair for a minor injury that has fully healed with small medical bills, but not if your medical bills, lost wages, future care and pain add …
- Left-turn motorcycle accident: what now?Get medical care and a police report first. In a left-turn crash, the car turning left is usually found at fault because drivers turning left must yie…
- How long does a personal injury case take?It depends mostly on how long your medical treatment lasts and whether a lawsuit is needed. A simple claim may settle a few months after treatment end…
- How is pain and suffering calculated?There is no legal formula. Juries and insurers estimate pain and suffering from how serious the injury was, how long recovery took, and its lasting ef…
- What to do after a hit and run?Call 911, get medical help, and write down everything you remember about the other car right away. If the driver is never found, your own uninsured mo…
- Pedestrian hit by a car: what should I do?Get medical care and call police first. The driver's liability insurance usually pays if the driver was at fault, and your own auto policy's PIP, MedP…
- How do bicycle accident claims work?A bicycle accident claim usually goes against the at-fault driver's auto insurance, the same as a car crash claim. Your own auto policy's uninsured mo…
- Who can file a wrongful death claim?It depends on state law. In many states the personal representative of the person's estate files on behalf of the family, while other states let close…
- What is comparative negligence, and which rule does my state use?Comparative negligence means your compensation is reduced by your percentage of fault. Most states use a modified rule that bars recovery at 50% or 51…
- What questions should I ask before hiring a personal injury lawyer?Ask what percentage they charge and how case costs are handled, who will actually work on your case, how many similar cases they've handled and tried,…
- How do I check a lawyer's license with the state bar?Search the lawyer's name on the website of the state agency that licenses lawyers, usually the state bar or state supreme court. The listing shows whe…
- Do I have to pay taxes on a personal injury settlement?Usually no. Under federal tax law (Internal Revenue Code section 104(a)(2)), damages received for a personal physical injury or physical sickness are …
- What happens if the at-fault driver has no insurance?Your own insurance usually steps in. Uninsured motorist (UM) coverage pays for your injuries as if it were the other driver's insurance, and collision…
- How much is my car accident injury case worth?There's no standard price for a car accident injury. Your case is usually valued by adding up your money losses, like medical bills and lost pay,…
- Will Medicare, Medicaid or my health plan take part of my injury settlement?Often, yes. If Medicare, Medicaid or a health plan paid for care related to your injury, it may have the right to be paid back from your settlement.…
- What is a demand letter in a personal injury claim?A demand letter is a written request asking the at-fault person's insurance company to pay a set amount to settle your injury claim. It explains what…