Auto
Injury
Accident
Hundreds
of auto accidents occur every day. In the year 2001, 3 million people
were injured in motor vehicle accidents of which 41,300 were fatal,
making auto accidents the leading cause of injury and death in the
United States. The impact a car accident can have on someone can
be tremendous. Even in simple fender bender car accidents, an individual
can suffer back and neck injuries that have a lasting adverse effect.
It is advised to contact both an attorney specializing in car accidents
and the proper medical professional as soon as possible after the
accident. Injuries sustained from a car accident, no matter how
minor, can later end up causing aggravated pain and medical costs
for which you may be personally responsible for if not reported
in a timely and proper manner.
If you have been involved in an automobile accident or traffic collision,
the law holds the responsible party liable and compensates the injured
party. You may be entitled to recovery of damages by the negligent
party's insurance company and/or by your own if the negligent driver
was uninsured or underinsured. In the simplest of cases, your insurance
company will handle the matter, compensating the injured party.
In many cases, you can recover for medical bills, property damage,
lost wages, pain and suffering and emotional distress. Never proceed
with a negligence claim without first obtaining legal advice. An
attorney experienced in the practice of personal injury law knows
the court system, can cut through insurance company red tape, and
will make sure you are justly compensated for all current and future
damages.
Our professional team will represent your interests in obtaining
top dollar settlements, providing you have insurance. In many cases
we obtain prompt payment for damage to your car, lost wages, rent-a-car
bills, all medical bills, and pain and suffering from the responsible
parties insurance company without the need for a formal lawsuit.
Attorney Joel B. Hoffman has 13 years experience in auto accident
cases with a 92% success rate. He strives to achieve the maximum
settlement value in the shortest period of time. During a free consultation,
he will assess your case and will honestly tell you whether your
case has merit and if you have a strong claim. A requirement in
all cases is that the accident must be the other person's fault
and both parties must have auto insurance unless the injured person
is a passenger and covered by the driver who has insurance.
Once the case is deemed to have merit and Mr. Hoffman is retained
as the attorney of record, there is no cost to the client for legal
services or medical treatments for most cases and can usually be
resolved without litigation. Mr. Hoffman finalizes most cases within
2 to 4 months from the date of the accident, at which time, the
client receives the net balance of the insurance settlement after
the medical bills and attorney's fees are paid. Generally, it works
out to be a 3-way split between the client, the attorney and the
doctors. Unfortunately, not all cases are so simple. In more serious
injury cases, litigation may be necessary in order to obtain large
six-figure-plus judgments or verdicts. If for some reason there
is no recovery, there is still no cost to the client for legal services.
Mr. Hoffman offers personalized attention and aggressive representation
against the insurance companies, which in many cases, will try to
take advantage of inexperienced individuals and give a lowball offer
to those who do not fully understand their legal rights of what
they are entitled to recover. In all cases, time is of the essence.
Failure to act by certain deadline dates may result in a person
losing his or her right to recover. Also, within only the first
week, important physical evidence can be lost and witnesses may
become hard to find.
What To Do If You Are Injured In A Car Accident:
-
Call the police and insist that a report be filed with the police,
sheriff or highway patrol.
- Obtain
the name, address, insurance information, vehicle license number
and driver's license number of any and all other persons involved
in the accident. Also get the names, addresses and telephone
numbers of all witnesses.
- Photograph
the accident scene, including all vehicles involved (before
repairing) and any visible injuries (cuts, bruises).
- Refrain
from making any type of statement or signing any papers without
first consulting with a car accident attorney. Anything said
at the time of the car accident can be used against you and
disqualify potential car accident compensation.
- Talk
to no one about the accident or injuries other than your doctor
or lawyer, especially not an insurance adjuster. Consult an
attorney before giving a recorded statement or signing a release
for an insurance company.
- Sign
nothing without consulting a lawyer. Truthful statements made
in an attempt to be helpful can easily be misinterpreted and
turned against you.
- Seek
immediate medical treatment and tell your physician or surgeon
exactly how the injury occurred and describe all symptoms and
complaints. Be sure to report memory problems, confusion or
disorientation, however minor these things may seem at the time.
- Write
down all the information you can and take subsequent notes on
any harm you suffered and their daily affects.
Determining
Who Is At Fault
Car
accident attorneys understand the complexities that car accidents
entail, including both legal and insurance matters. Determining
who is at fault for a car accident can be difficult, due to the
many factors a car accident can involve. A car accident attorney
has resources to quickly and effectively determine who the liable
parties are. Even if someone involved in a car accident thinks that
they are partly at fault for the car accident, they may still be
able to collect damages.
A determination of who was at fault will depend on who was the careless
driver based on traffic laws. Where there was a traffic violation,
there is a stronger presumption that the traffic violator was at
fault. However, where there were no major traffic violations, a
court or insurance company will have to determine who was at fault
based on the accounts of the drivers and eyewitnesses, if there
were any.
If you were hit from behind, however, it is nearly always the other
drivers fault, because traffic laws require that drivers must maintain
a certain distance from the automobiles in front of them to be able
to stop in time. Moreover, cars making a left turn are nearly always
liable to cars coming straight in the other direction unless the
car going straight was going to fast or ran a light.
Frequently Asked Question
Q: What fees are paid for this type of
legal service?
A: Our firm works on a percentage of the
settlement. Therefore, we have a vested interest in the outcome
of your case. In rare cases where there is no recovery, no fee is
charged.
Q:
Will I have to pay for medical treatment?
A: In most cases, we can find an appropriate
medical provider to treat you on a lien which means they will be
paid directly out of the settlement. Of course any medical insurance
you may have in your possession is also factored in to the equation.
Q:
Will my insurance go up if I proceed with a legal claim?
A: Generally speaking, a person’s
insurance will not increase due to an accident claim, provided the
cause of the accident is not your fault.
Q:
Should I report the accident to my own insurance company?
A: Whether or not the accident is your
fault, it is important that you promptly report the accident (within
72 hours) to your insurance company so that they may notify the
DMV with an SR1 form. Failure to do so may result in your drivers
license being suspended.
Call
Hoffman and Associates for
a free case evaluation today!
(562)
628-5541
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