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Personal Injury
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How much does it cost to hire a personal injury lawyer?
Personal injury lawyers, including ours at Comerford Chilson & Moser, offer legal services on a contingency fee basis. With this arrangement, your attorney’s fees are contingent upon them recovering compensation for you. You do not pay any upfront fees, and most litigation-related expenses are covered by the law firm, so you pay nothing out of pocket. Instead, your attorney will receive payment via a percentage of your total recovery. Most often, this percentage is about 33 1/3% of your settlement, but this may vary depending on various factors.
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Will I have to go to court?
Not all personal injury cases go to court. In fact, most settle before or during litigation, without the plaintiff ever seeing the inside of a courtroom. However, trial is sometimes necessary to achieve a fair resolution for the injured party. Many factors affect whether or not your case will go to court, such as the severity of your injuries and damages, the available insurance coverage (if any), and the defendant’s willingness to settle. Our attorneys can provide greater insight specific to your situation during a free and confidential consultation.
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What should I do after suffering an injury?
After an accident or injury, the first thing you should always do is seek medical attention. Even if your injuries seem minor, make sure you see a medical provider and receive necessary treatment. If possible, preserve any evidence from the incident that caused your injuries, such as the name and contact information of the other person or party involved, their insurance information (if applicable), and photos of your injuries and/or the scene of the accident. You should also keep copies of your medical records and follow all of your doctor’s recommendations and orders. Equally as important, you should contact a personal injury lawyer as soon as possible. Avoid discussing your claim with anyone other than your attorney, and never sign anything provided to you by the other party’s insurance company without first discussing your options with an attorney.
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How much is my case worth?
It is impossible to determine the value of your case without first reviewing the specific details involved. Many factors influence the potential value of your claim, including the severity of your injury, the extent of your damages, and whether you were partly at fault for the incident. We strongly encourage you to reach out to our firm for a free initial consultation during which we can discuss your claim and the various factors that may affect how much your case is worth.
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How do I know if I have a case?
You may have a personal injury case if you were injured and suffered certain economic and/or non-economic losses due to another person or party’s negligent or wrongful conduct. For example, if you were injured in a crash caused by a careless driver, you likely have a case. The best way to determine whether you have a personal injury case is to schedule a complimentary case evaluation with an attorney at our firm. We can review the specific details of your situation and provide honest and professional legal counsel on how to proceed.
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Truck Accidents
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What laws apply to truck drivers that may play a role in my case?
Federal, state and local laws that apply to commercial trucks and their drivers can play an important role in a personal injury lawsuit. The Federal Motor Carrier Safety Administration (FMCSA) regulates the commercial trucking industry. Laws apply to:
- The number of hours a driver can work in a given period of time
- The training a driver must have completed
- Drug and alcohol use by drivers (significantly lower blood alcohol concentration levels)
- The maintenance schedule of the truck and tractor-trailer
- The weight limit of the truck and its load
Federal regulations also require commercial trucks to carry certain levels of insurance coverage. This protects victims of truck accidents from truck owners or companies stating that they do not have the financial resources to pay damages.
Often, trucking companies will take elaborate steps to place their assets under a different entity in order to avoid paying damages in these cases. We work with forensic accountants and other specialists who are skilled at uncovering a company’s true assets in order to clear the way for our clients to collect the full amount they are owed.
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What compensation can be recovered following a truck accident?An injured party may seek compensation for immediate and future medical expenses, lost wages, lost future earnings, pain and suffering, loss of quality of life, and other damages. In wrongful death lawsuits, a decedent’s family may seek lost economic contributions, loss of care and companionship, funeral expenses, and other damages.
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Who can I collect from in a truck accident personal injury lawsuit?
Personal injury lawsuits regarding semi truck accidents can become complex rather quickly. Often, it is possible to name more than one party in a lawsuit. Our experienced truck accident lawyers help victims maximize the amount they recover by naming all responsible parties. This may include:
- The driver of the truck
- The owner of the truck company
- The employer of the driver, which may be different than the truck owner
- The owner of the tractor-trailer, which can be different than the owner of the truck itself
- The manufacturer of the truck, tractor-trailer or any parts of the truck or cab
- A third-party maintenance company
- A municipality that contributed to the accident by creating dangerous road conditions or not properly marking dangerous conditions
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What important steps should be taken immediately following a truck accident?
The first thing that should be done, of course, is to get medical attention for anyone who is seriously injured. Beyond that, here are some key steps that can help you in a personal injury lawsuit:
- Report the accident to your insurance company
- Provide as many details as possible to police and file an accident report
- Take photos of the accident scene to record important details, including damage to vehicles and other property
- Do not speak with any other insurance company representatives or sign any reports
- Do not make any statements of who was at fault or the extent of your injuries
- Contact an experienced personal injury attorney
- See a doctor as soon as possible following an accident
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