Feb 24

Answers to 10 Questions Injury Clients Frequently Ask

1.  Do I really need a Lawyer to help me?

Studies by the insurance industry have shown that accident victims who have an experienced accident attorney on their claim receive considerably more than those who are not represented by attorneys, even after paying their attorney’s fees. On more serious claims, experienced personal injury lawyers often secure exponentially larger settlements for their clients.  The fundamental reality is that not hiring an attorney can cost you tens or even hundreds of thousands of dollars in some cases.  In short, yes, injured people are better off with lawyers helping them.

2. Should I talk to the Insurance Company or Give a Statement to an Adjuster?

Unless you have extensive experience in working with insurance claims, you should NEVER speak with a representative of the other person’s insurance company until you have had a chance to speak with an experienced accident attorney.  Certainly–Under no circumstances should you sign any documents from the other insurance company before speaking to a lawyer. Anything that you say now can be used against you later to reduce the value of your claim.

3. How much is my case worth?

No responsible or good personal injury attorney can or would try to tell you up front what the value of your damages might be.   If you have spoken with an injury lawyer who is giving you a figure before he has had thoroughly evaluated your situation you are talking to the WRONG lawyer.  You certainly should not rely on such an assessment to make any decisions.

The value of your injury claim depends on the severity of your medical injuries, your recovery, your lifestyle, any economic losses incurred and the continuing effects that the accident will have on you future life. These factors need to be carefully evaluated and developed before any potential valuation of a case can be undertaken by any good lawyer.  Click here for more information about damage claims.

4. When should I hire a lawyer?

Immediately.  Our advice is that you get the health care you need, let your family know what is happening and then call your lawyer.  Get a one of the best personal injury attorneys in Idaho working on your behalf as soon after an you are injured as possible. The sooner a lawyer is involved in your case, the better prepared your case will be for settlement or trial if needed. Problems can be avoided or at least addressed early by an experienced accident lawyer and this will increase the eventual value of your case. Remember that you will pay the same amount for an attorney regardless of whether they work on your case for one week or one year.   It just makes more sense to have your lawyer working more on your case rather than less.

5. Which lawyer should I hire?

As Idaho’s Injury Lawyers, we think you should consider and hire us. There are  good Accident lawyers in Idaho – and unfortunately many bad ones. Ask questions of any potential personal injury attorney to help you decide which one is right for you.  Questions you should ask include:

• How many years of experience do you have in representing injured clients?

• How do you keep yourself informed of any changes in this area of the law?

• Will I work directly with you or  just with paralegals and assistants?

• How many cases do you handle at any given time?

• Will I have to pay you even if you do not recover a settlement or judgment for me?

You can learn more about how to choose your Idaho personal injury lawyer here.

6. Who pays for my medical care when I have been injured?

In most cases, your medical bills will be paid by your auto or health insurance company.  These companies have the right to be repaid for these payments out of the proceeds of your settlement. While many people want the bad guy’s insurance company to pay for the expenses right away, the law does not require that.  This is a surprisingly complex area and we discuss it in-depth in this post.

7. The insurance company has already offered to settle my claim. Should I accept?

Generally, you should not consider settling any claims until your doctors have released you from their care, at the very earliest.  One of the tricks some insurance companies use to settle claims is to offer to settle for a few hundred or a thousand dollars before the injured party has found out just how hurt they are. We have heard many stories of people who need surgery or have to quit their job after they settled for much less than the law gave them the right to recover.  This is one of the reasons why insurance companies are so profitable today.

8.  I am not the suing kind and I hear I shouldn’t trust Trial Lawyers why should I trust you?

Trial Lawyers like us stand for and protect the Seventh Amendment to the United States Constitution. We are proud of what we do to help people get their lives together after a serious injury.   Trial attorneys protect the rights of the individual against the corporate interests that have the money and resources to put up the maximum fight to pay as little money as possible to the people they, or their insureds, harm.  Accountability and responsibility are the values we stand for.

The insurance industry spends millions in public relations campaigns and lobbying to make people believe that the legal system is out of control. For example, everyone has heard of the millions awarded to the lady who spilled McDonald’s coffee on her lap because the insurance industry had a public relations team out in force after the verdict.  Well everything most people think they know about the Hot Coffee verdict is wrong.  There is a great movie about the case that we recommend you watch.

We live and work in the system everyday.  In a combined 40 years of practice its fair to say we NEVER met a client who wanted to sue.  People are forced into it by the way insurance company’s act.

9. How much will I have to pay a lawyer?

Like most injury and accident attorneys we usually work on a contingency fee basis.  This means we do not get paid until and unless we recover a settlement or judgment on your behalf.  As Idaho’s injury lawyers, we usually charge a one-third contingency fee at the end of your case in addition to any costs and expenses advanced by the firm in preparing your case for settlement.

10. Will my case really have to go to trial?

Most cases can be resolved or settled without having to go through a trial. However, some cases do require going to a jury trial in order to ensure that the client received fair compensation. Generally, cases which involve larger amounts of damages or in which it is not clear who is responsible for the accident have a higher chance of having to enter litigation, at the very least.



While we hear these basic questions often, we are happy to answer these or any other questions for you about an injury case. Just call us for a free consultation,  we help people in all parts of Idaho.

Aberdeen Acequia American Falls  Ammon Ashton Bancroft Bellevue Blackfoot Boise  Bonners Ferry  Burley Caldwell Carey Cascade Challis  Chubbuck Coeur d’ Alene Cottonwood  Council Dietrich Downey Driggs Eagle Elk City Emmett Fairfield Franklin Fruitland Garden City Garden Valley Garden Valley  Genesee Glenns Ferry Gooding Grandjean Grace  Grangeville Hagerman  Hailey Hailey  Harrison  Hauser Hayden Hayden  Heyburn Hidden Springs Horseshoe Bend  Idaho City  Idaho Falls Jerome Juliaetta Kamiah  Kellogg Kellogg (history) Ketchum Ketchum  Kimberly Kooskia Kuna Kuna  Lava Hot Springs  Lewiston Mackay Malad Malta Marsing McCall McCammon Melba Meridian Meridian  Middleton Montpelier Moscow Mountain Home Mountain Home  Murray Nampa New Meadows New Plymouth Nezperce Orofino  Payette Pierce  Pocatello Post Falls Potlatch Preston  Priest River Rathdrum Rexburg Richfield Rigby Riggins Rupert Salmon Sandpoint Sandpoint  Shelley Shoshone Soda Springs St. Anthony St. Anthony  St. Maries  Stanley Star Stites Sugar City Sun Valley Twin Falls Twin Falls  Wallace Wardner Weippe Weiser  Wendell Whitebird  Wilder


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  1. […] a lying plaintiff simply starts the funeral march towards an unfavorable result at trial.  As discussed here most cases don’t go to trial but one way to increase the odd of going to trial is doing a bad job at your […]

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