Personal Injury
Personal Injury Attorneys
Why do I need an attorney?
If your claim is small enough, you may not need an attorney. However, even small claims can involve complex issues. An attorney can maximize the value of your claim and also correctly handle complex insurance coverage issues (e.g., uninsured motorist, underinsured motorist, subrogation). Additional medical reports can be requested that reflect the true extent of your injuries. Many claims also require extensive investigation. Furthermore, retaining of an attorney will impress the insurance company with the thought that you are serious in pursuing your claim and will pursue a lawsuit unless a reasonable settlement can be achieved. Lastly, attorneys are experienced negotiators, which will help you maximize the value of your recovery.
What damages may be recovered as a part of a personal injury claim?
The underlying idea in personal injury/tort claims is to make the injured person, who has no fault in causing his injury, “whole.” Although there are many different types of potential damages that may or may not apply to individual cases, the general categories of damages are past hospital and medical expenses; future hospital and medical expenses; past wage loss; future wage loss; and past and future pain, suffering, and disability. In claims such as motor vehicle accidents, property damage may also be an issue.
Can an attorney assist me in resolving my claim for damages to my motor vehicle?
Yes. At Fortune & McGillis, no fee is typically charged on a claim for property damage as a result of a motor vehicle accident in which a bodily/personal injury has occurred. Every effort is made to resolve and settle the property damage issue immediately. Typically, a payment for your vehicle can be made shortly after the accident and well before payment for the rest of your claim for other damages.
As a result of the accident, I have lost the use of my vehicle – can I recover damages for a car rental or loss of the use of my vehicle?
Yes. The driver who caused the accident is responsible for payment of a car rental up to a certain amount per day. Even if you do not rent a car, you are still entitled to a payment for the loss of use of your vehicle up until the other driver’s insurance carrier makes a reasonable offer to pay for the repair or replacement of your vehicle.
Can I pursue a claim against the other driver even if the insurance company is arguing that I in some way contributed to causing the accident?
Absolutely. However, any recovery will be reduced by the percentage of your own negligence. For example, if you were truly 30% at fault in causing the motor vehicle accident, your damages would typically be reduced by 30% and you would receive payment of 70% from the adverse driver — assuming the adverse driver was at fault for the remaining 70%. The exact percentages will be agreed upon by the parties or be determined by the ultimate finder of fact, which would typically be a judge or jury.
Can I pursue a claim against the other driver even if the other driver did not have any insurance?
Absolutely. One potential option is to pursue the other driver personally in the absence of insurance coverage. However, this option is often not very practical and collecting any eventual judgment can be very difficult. However, if you had insurance at the time of the accident, you may make a claim under your uninsured motorist (U.M.) coverage provision of your own insurance policy. Any potential claim would be subject to the applicable statute of limitations.
What if the other driver was completely at fault for the accident but only has insurance coverage of $25,000.00 and my damages far exceed that amount?
If you had automobile insurance, it may be possible to pursue a claim under the underinsured motorist provision of your policy (UIM). However, such claims can be very tricky and certain requirements must be met to proceed on the underinsured motorist portion of your claim. A settlement with the other driver or their insurance company may bar any potential underinsured motorist claim. Please call our office for details regarding possible representation.
