| Frequently Asked Questions
 How will my case be handled?
Initially your case will be in our pre-litigation department where it will be assigned to a specific attorney and paralegal. We will make all efforts to resolve your case without the time and expense of a lawsuit.
What if my case can’t be settled?
If we cannot achieve a fair settlement then we may have to file a lawsuit. Once a lawsuit is filed your case is in what as known as litigation. Frequently, when we file a lawsuit cases are settled that we could not settle in pre-litigation.
What happens during litigation?
The main thing that happens is something called discovery. You can expect your deposition to be taken, documents and records pertaining to your background to be subpoenaed, witnesses interviewed and perhaps motions related to issues of law filed in court and argued before a judge.
How is a case settled after it is in litigation?
Usually by mediation. Mediation is an informal meeting where the lawyers and clients on both sides meet with another lawyer known as a mediator and the facts of the case are discussed. Settlement demands and offers are considered, but unless you agree to a proposed settlement you are not bound by it. What was discussed in mediation cannot be brought out in court.
What if my case isn’t settled in mediation?
Typically we file a motion to set your case for trial and the court will place it on the trial docket.
How long will it take to resolve my case?
No two accident cases are alike and no matter what you may have heard from friends, seen on tv, or read in the news there are always unforeseen factors that influence how long a case may take. Remember that we cannot earn a legal fee from your case until it is over so we have no incentive to delay it.
What are my legal fees and costs?
If your case is resolved pre-litigation the legal fee is usually a third of the settlement plus any money the firm had to expend to settle your case like costs for records. If we have to file and lawsuit and the other side contests the case your fee will usually be forty percent of the settlement plus costs. If there is no settlement, of course, there is no fee.
Insurance questions
What kind of automobile insurance should I carry?
You should have personal injury protection (known as PIP), liability coverage and uninsured or underinsured motorist coverage
What is PIP?
PIP or personal injury protection insurance is required by law and pays for medical bills and lost wages up to certain limits regardless of who is at fault in the accident.
What is liability insurance?
Liability or bodily injury liability insurance covers you in the event you are at fault in an accident and the injured party attempts to make a claim against you. However, liability insurance only covers you up to the limits you purchased.
What is uninsured or underinsured coverage?
In the event you are in an accident with an uninsured driver you can recover benefits from your own uninsured/underinsured coverage purchased from your own insurance company. Many drivers do not have this kind of coverage. If you do not you should immediately consider obtaining it.
What if I have health insurance coverage too? Will it pay my bills instead?
Your PIP coverage will be primary and your health insurance generally should not be billed until your PIP benefits are exhausted, typically around $10,000. Once your PIP benefits are exhausted, if your doctor or hospital is on your health insurance plan, your health insurance should cover your bills. However, your health insurance company has a lien, or that is, the right to be paid back out the proceeds of your case.
What if my PIP is exhausted and I have no health insurance?
If you still need treatment some doctors will treat you where their bill is protected or will be paid later out of the proceeds of your settlement. This is commonly known as a letter of protection (LOP)
Can I be forced to go to a doctor picked by other driver’s insurance company?
Not for treatment. If you file a lawsuit the other side is entitled to have you go to what is known as a compulsory medical examination where a doctor they select is entitled to examine you concerning the injuries you are seeking compensation for.
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