Frequently Asked Questions

+ How should I prepare for my first appointment with my attorney?

You need to bring some information with you when you come to meet with your attorney for the first time. This information is very important in terms of allowing your attorney to determine whether you have a case. For example, your attorney will ask you for the following information:

The date of the accident;
Where the accident occurred;
What the weather was like;
A description of what happened;
Names and contact information for any passengers;
If there were any witnesses, their names, addresses, and telephone numbers;
Who was injured and a list of their injuries;
If you have received medical treatment, the names and locations of all the hospitals and doctors that have treated you;
A description of the injuries that you suffered;
The name of any police officer who came to the scene;
The police report number;
If you have lost any wages because you were unable to work due to the accident; and,
Any information you received from the other driver, such as their name, contact information, or insurance.

+ What information should I bring to my first appointment with my attorney?

You should bring certain items with you to the meeting if you have them. For example:

A copy of the police report;
Any pictures you took of the scene, vehicles, or of your injuries, or anything else involving the accident;
Copies of checks or payroll records or W-2 statements showing the amount of wages you lost due to the accident;
A copy of your insurance card or papers reflecting your insurance policy;
Any letters or other documents you have received from any insurance company in connection with the accident;
Copies of any letters from Medicaid or Medicare;
Any medical records for treatment you received due to the accident;
Any medical bills for treatment you received due to the accident; and,
Any letters reflecting a lien due to medical treatment you received during the accident.

+ What is a lawsuit?

If you are unable, with the help of your attorney, to settle your case with the insurance company, then it will be necessary to file a lawsuit with the court. Every lawsuit is different but there are certain stages that remain the same in every case.

Below is a general description of the various stages that happen in a lawsuit and the documents you need:

The Petition. You start a lawsuit in court by filing a petition. The petition includes statements of fact about what happened. It could include factual details about the people involved, the accident itself, and the injuries that you suffered. The petition will also set forth the legal claims that are being filed against the other driver.

The Answer. After you have filed your petition with the court, the other driver’s attorneys will then file an answer in response. Generally, the answer does not provide much information and simply serves as a denial of the legal claims that you made in your petition.

Discovery. Discovery is a phase of the lawsuit in which the parties obtain information from one another. The discovery process includes written requests from one party to the other. These written requests include the following:

Interrogatories. Interrogatories are written questions from one party that must be answered by the other party. They can include requests for names of witnesses or descriptions of what happened.
Request for the Production of Documents. These requests from one party to the other ask that the other side produce documents that they have in their possession that relate to the lawsuit.
Medical Authorizations. If you have been in an accident and received medical treatment then the other driver’s attorneys are going to want to see copies of your medical records and medical bills. Generally, these are obtained by you signing an authorization that allows the hospital to release copies of those records to the other driver’s attorneys.
Depositions. After the parties have exchanged information through written discovery, then depositions will occur. A deposition is where an attorney asks questions to a deponent, who then answers under oath. Just as we will want to take the other driver's deposition, the other driver’s attorney will want to take your deposition. This means that on a certain date you will come to an attorney's office and sit down at a table in a meeting room. Your attorney will be there and the other driver’s attorney will be there. A court reporter, who will be making a record of everything that is said during the deposition, will also be there. The attorney will ask questions and then you will provide answers. There are a wide number of questions that can be asked that focus on how the accident occurred and the injuries that you have suffered as a result of the accident. Your bilingual Contigo Centro Legal attorney will work with you before hand so that you know what to expect.

Motions. In some cases, the other driver’s attorneys may file a motion to try and dismiss your lawsuit. This motion will attempt to argue that you do not have a legal claim against the other driver for one reason or another. Whether the other driver’s attorneys will file a motion and whether it will be successful are both questions which are extremely specific to each and every case.

Mediation. Nearly every judge will require the parties to participate in a mediation. At the mediation, both parties and their attorneys will be there along with a mediator. The mediator's job is to attempt to negotiate a settlement between the parties. The mediator does not have the power to force you to settle. That always remains your decision, to be made after being advised by your attorney.

Trial. The final stage in any lawsuit is a trial. Nearly 95% of cases settle before they get to trial. But, depending on what happens in your accident and what the other driver is willing to offer to settle the case, you might choose to go to trial. At trial, the ultimate decision will be made by a jury of people from the community.

+ What is “mediation”?

If a case cannot be resolved with an insurance company adjuster, then it may be necessary to file a lawsuit. Nearly every state and federal court requires the parties to the lawsuit to participate in “mediation” in an attempt to settle the lawsuit.

Mediation is a meeting of the parties and a neutral person called a mediator.

The mediator’s job is to be a neutral third party that helps guide negotiations and settlement between the parties.

Mediation is a non-binding process. The mediator cannot force the parties to agree or to settle the case.

In many cases, a mediator will be able to help the parties decide on a mutually agreeable amount of damages to be paid by one party to the other, without having to bring the case to trial. If the mediation process does not work though, and the parties are not able to agree, they still have the option of taking the case to trial before a jury.

The Mediator

The mediator is a neutral third party who has practiced law for many years and now mostly serves as a mediator. Sometimes the mediator may have training on the mediation process, how to assist parties in reaching agreements, and how to bring disputes to settlement.

The mediator is not a judge and is not there to give legal advice on the case. He or she cannot make decisions for the parties. He or she will not take sides, as the mediator’s job is not to determine a winner or loser, but to merely facilitate communication between the sides.

The mediator’s job is simply to try and help facilitate a settlement that the parties can agree on.

+ What happens at the mediation meeting?

Both parties and their attorneys will need to be present at the mediation meeting.

Although the insurance company attorney will be at the mediation, the driver named as a defendant may not be there. But a representative of the insurance company will attend or be available by phone. When payment for damages comes from the insurance company, the insurance company will have a great deal of input on how much they are willing to pay in settlement of the case.

Usually mediations take place in conference rooms at the mediator’s office, or in a similar location. The mediator will typically begin by explaining the mediation process. Sometimes both sides are then given the opportunity to present their case, including any evidence and exhibits they may have.

For most of the mediation session, the parties will sit in different rooms. The mediator will go between the rooms and attempt to negotiate an agreement to settle.

It is important to know that everything said in mediation is confidential. Nothing said by any party may be used as evidence in any future judicial proceedings.

If the parties cannot reach a settlement, then the case goes back to court and potentially to trial.

+ What is the client's role at mediation?

The mediation can last anywhere from a few hours to the whole day. If you have been injured, you should be prepared to tell the mediator about the pain, discomfort, and physical problems from which you are suffering. You also should be prepared to talk about your work, household, and family situations and how they have been affected by your injuries from the accident.

You, as the client, serve a very important role at the mediation. The mediator will be evaluating the extent of your injuries and also evaluating your credibility to a jury. If you appear to be an honest and credible witness, it can impact the mediation and settlement.

Considerations for Reaching a Settlement The purpose of mediation is to settle a case, and you should be prepared to compromise to reach that point. A settlement is not a victory or a defeat.

If you are injured, you may not get everything you would if you win at trial in front of a jury. The tradeoff is that you do not have to endure the stress of trial and the risk that a jury will award you nothing.

Settlement allows the parties to control the outcome, as opposed to trial, where the judge or jury will decide.

Another advantage of settlement is that you can receive payment much sooner than through a trial. If a case is settled in mediation, a person can possibly get his or her money in a matter of weeks. If the case is not settled at mediation, and even if you win at trial, you could wait years before getting paid.

A settlement removes the stress of the lawsuit and allows you to move on with your life.

+ What is Underinsured or Uninsured Motorist Insurance (and why do you need it)?

There are two types of insurance coverage that you should purchase on your own policy, if you haven’t already. Both are intended to protect you and your family from dangerous drivers who are unable to pay for the damages they inflict because they are either uninsured or underinsured.

One is called uninsured motorist coverage – (UM) for short. It provides coverage if a reckless driver causes a car wreck but has no insurance coverage. Under the law, other drivers are required to have insurance coverage. But what if they don’t?

The other type is called underinsured motorist coverage – (UIM) for short. It provides supplemental coverage if the reckless driver does not have sufficient insurance. A state may only require a driver to have $25,000 in coverage.

But consider what would happen if a reckless driver smashes into your vehicle, causing injuries to your head and spine, requiring emergency surgery and months, if not years, of rehabilitation before you can return to work.

Your medical costs could be $10,000 a day for Intensive Care Unit (ICU) treatment, $5,000 per day for hospitalizations, and tens of thouands more for X-rays, CT scans, MRIs, physical therapy, rehabilitation, and medications. This doesn’t even factor in lost wages and the pain, suffering, and distress you and your family have endured.

Legally, the reckless driver is responsible, but what happens if the reckless driver (despite the law) has no insurance at all or only has the minimum $25,000 in coverage?

Even the best lawyers cannot recover damages for severe injuries from a deadbeat driver who lacks money and insurance. Thus, you should never depend solely on the driver who caused the accident to cover your bills.

To truly protect yourself and your family, you should take control by purchasing both UM and UIM insurance. These policies are a contract between you and your car insurance company in the event that you are damaged by a driver with no coverage or not enough coverage.

+ How does your lawyer get paid if you’ve been injured?

Payment of an attorney’s fee can be made through a variety of arrangements with their clients. Sometimes an attorney may have an arrangement with her client to get paid by the hour or according to a flat fee for the work to be done.

In personal injury cases, like car or truck accidents, most attorneys work on a contingent fee basis. This means that the client does not pay any money up front. This also means that the client does not pay any money unless settlement or judgment is achieved. If the client doesn’t win, then the attorney does not get paid.

Under a contingent fee arrangement, the attorney gets a percentage of the eventual recovery, which is typically 33%–40% of any settlement or judgment collected. The attorney will also typically require reimbursement of any out-of-pocket case-related expenses (such as court reporter costs at a deposition, court costs, filing fees, postage, etc.). This arrangement provides access to legal help and to the court system for injured clients who cannot pay for an attorney. It also serves as motivation for attorneys to work diligently with a results-oriented emphasis.

YOU HAVE RIGHTS. CONTACT US TODAY.

If you or a loved one has been injured in a car accident, contact Contigo Central Legal today at 816-800-8000 or click on the chat box for more information or to schedule a free case evaluation with our attorneys, who will help explain your rights and determine if you have a case at no cost to you.