March 2009 Archives

When to use Personal Injury Protection (PIP)

March 19, 2009, by

When you're in a car accident and you are injured by the negligence of another driver, they (or in most cases, their insurance company) will pay for all of your damages including medical bills, right? While that's technically true, this answer fails to address the complete picture.

The at-fault driver's insurance company will pay for your medical expenses, lost income, other out of pocket expenses and general damages (commonly called pain & suffering), but only as a lump sum when your case is settled or a verdict rendered. They do not act as your health insurer and pay for your medical care as you incur those costs for treatment. This is where PIP comes in. When you open a PIP claim under your own auto insurance policy, this coverage pays for your medical expenses as you incur them. Essentially, your auto insurance company acts as a health insurer for injuries related to the car accident. Your insurance company then has a right to get repaid out of your settlement with the at-fault driver.

At the conclusion of your case, we will determine the amount that your insurance company is legally entitled to receive. In most cases, this amount is less than the total amount your insurance company has paid for your medical care. We will do everything we can to ensure that you are fully compensated for all of your losses and damage resulting from the car accident.

How Contingent Fees Work For Personal Injury Cases

March 18, 2009, by

Most of my personal injury cases are handled on a contingent fee basis. This simply means that I do not get paid unless I settle your case, or receive an arbitration award or verdict. No attorney fees will be paid if there is no recovery. Most attorneys handle personal injury cases on a contingent fee basis and charge one-third (33%) and forty percent (40%) if a lawsuit has to be filed and the case litigated. I value my services, but at the same time I realize that it was my client who was injured and who often has to deal with life changing injuries. And my fees reflect this belief, and therefore, my contingent fees for personal injury cases are 30% if a case is settled, and 37% if a lawsuit has to be filed and the case litigated.

When you are looking for a personal injury lawyer, make sure you ask the right questions about their fees, both for settlement and litigation. Also be sure to ask if they charge any "extra" costs. Some attorneys charge a rather steep flat fee for copying and other expenses.

If you have any questions, please feel free to call or email me. John@WilliamsLawPLLC.com.