Personal Injury FAQ - Martin Malkasian, Esq.

PERSONAL INJURY

What is a contingency fee?

A contingency fee arrangement is one which the lawyer gets paid a percentage of the case only if the case is settled or a lawsuit is won. If you don’t receive a settlement or win a judgment in court, then you do not have to pay attorney fees.

Do I have to report an auto accident to the DMV and to my insurance company?

Yes, you should notify both your insurance company and you must file a SR-1 DMV form within 10 days if the damage to your vehicle or if someone is injured in the accident.

Why should I hire an attorney to handle my claim?

Insurance companies will not justly compensate you for your injuries or inconvenience as they are aware that you may not understand the insurance and/or court system. We can handle your claim professionally and efficiently and you will not be bothered with an insurance company that will constantly pressure you to settle for an unfair amount. Your attorney will handle most of the paperwork and investigation so you do not have to worry about sacrificing much of your personal time. An Attorney can reduce your medical expenses which will result in more money left over from a judgment or settlement to compensate you for your injuries.

Do I have to go to court if I hire an attorney to handle my claim against a third-party (the insurance carrier who insures the driver who hit you)?

No, just because you hire an attorney does not mean that a lawsuit will be filed or that you will have to go to court. Personal Injury matters often are resolved without a lawsuit and courtroom litigation.

Should I hire an attorney even if the person who hit me doesn’t have insurance?

You should at least consult with an attorney because your own policy may provide uninsured (UI) or underinsured motorist coverage (UIM) which may provide coverage for third-party liability. Be aware, that even your own insurance company may not fairly compensate you without legal representation.

Does the attorney get most of the money?

No, this is often misunderstood. Attorneys often take an average of one-third (33.3 percent of a settlement depending on the agreement with the client. Even though the attorney does take a percentage of the judgment or settlement, clients routinely receive much more, 50 to 100 plus, than if they attempt to negotiate with an insurance company on their own. Attorneys often receive a much higher settlement offer than a non-attorney claimant will receive. And your attorney can reduce your medical expenses/costs, as explained above.