Frequently Asked Questions About Personal Injury:
Q: Why do I need a lawyer to represent me or my family in an injury or death case?
A: We, as professionals, know the value of your case and understand not only how to negotiate to achieve the maximum results, but also are known as successful trial lawyers who have the ability and capacity to achieve maximum success.
Q:Can't I do better negotiating with the insurance company myself rather than by retaining a lawyer who will charge a percentage fee?
A:No. The average person is not trained or experienced to appreciate the value of his or her claim and how to successfully negotiate to achieve maximum success. Insurance companies appreciate this fact. Timing is also everything. Knowing when to make a demand can be as important as knowing the amount to demand. You need to be represented by an attorney sophisticated in the process of not only settling, but also more importantly, experienced in the jury trial of significant injury and death cases.
Q: What will it cost me to hire an attorney to assist me in a claim?
A: McCarthy, Callas, Church & Feeney, P.C. represents its personal injury clients on a contingent fee basis. Under this arrangement, the client pays no fees unless their case is settled or won.
Q: What should I do if I am involved in an automobile collision?
A: If you are involved in an automobile collision, which was caused by the other party, make sure that the police are called to the scene of the collision. Protect your legal rights by never admitting to wrongdoing or apologizing for your actions. If you are able to do so, simply exchange drivers' licenses, registrations, and insurance information with the other driver(s). Ask the law enforcement officer on the scene if you can fill out a motor-vehicle accident report form. By having the facts of the accident on file, the law enforcement officer will document the drivers' version of events, as well as the law enforcement officer's conclusion. You should also immediately seek treatment, as some injuries sustained in automobile collisions are latent, meaning that they are not readily apparent. Contact your insurance carrier and put them on notice of the claim. McCarthy, Callas, Church & Feeney, P.C. recommends that you contact an attorney to assist in filing a claim and obtaining a recovery on your behalf.
Q: What is uninsured and underinsured coverage?
A: Uninsured and underinsured coverage is coverage that you purchase under your own automobile policy. Uninsured coverage provides you protection if you are injured in an automobile accident and the other party, who is at fault, does not have automobile insurance. Underinsured coverage provides you protection if you are injured in an automobile accident and the other party, who is at fault, does not have enough insurance coverage to compensate you for all of your damages.
Q: If I make an uninsured or underinsured claim under my own automobile policy, will it increase my premiums?
A: In most cases, a claim made pursuant to your uninsured and/or underinsured coverage will not increase your premiums. It is the policy of McCarthy, Callas, Church & Feeney, P.C. to contact the client's carrier to confirm this information before advising a client to filing a claim on their own policy.
Q: How long do I have to make a claim for injuries?
A: In order to avoid dismissal based on a claim being untimely, a civil lawsuit must be filed within a specified period after the accident or dispute occurred. Each state and federal court has its own rules concerning the maximum amount of time that a civil litigant can wait before filing a lawsuit. This time limit is often referred to as the statute of limitations. Claim for injuries received in an automobile accident typically must be filed within two years from the date of the accident. Claims for injuries resulting from medical negligence must be brought within two years from the date the negligence occurred or within two years from the date that the patient knew, or reasonably should have known of the medical negligence. Thus, it greatly behooves potential litigants to seek the counsel of a lawyer immediately after an accident or dispute to ascertain available options.
Q: What do I do if I am injured by a defective product?
A: A person who is injured by a defective product can recover compensation from the manufacturer or seller of the product under theories of strict liability, breach of warranty, and negligence. If you are injured by a product, be sure to keep the product, including any parts of the product that may have broken off. Do not attempt to repair the product. The Court can dismiss claims against a manufacturer or suppliers of products if the injured party is not able to produce the defective product for inspection.
The general test for establishing strict liability in tort is whether the product is defective in that it is not reasonably safe for its intended use. The standard of reasonable safeness is based upon what a reasonably prudent manufacture's standards should have been at the time the product was made. Once it is shown that the product was defective when it left the manufacturer and that the defect proximately caused the injury, recovery is warranted unless there was conduct by the consumer, which may bar recovery.