Car Accident Legal FAQs

1. How much is my personal injury case worth?

2. Can an attorney advance money to a client for personal reasons against an anticipated personal injury settlement?

3. How much should I demand for my personal injury case and will I get what I demand?

4. Do I have a good personal injury claim/case?

5. What do I do when I am involved in a motor vehicle accident?

 

1. How much is my personal injury case worth?
The value of a client's case is determined by the nature and extent of the injuries together with the items of special damages, which include the amount of your medical bills, lost wages, any other miscellaneous expenses, pain and suffering, loss of enjoyment of life and future problems. An Attorney can not determine value in advance of receiving final medical records detailing your history, diagnosis, and prognosis. There is no guide book that an attorney can use nor is there any crystal ball that can determine the value.

2. Can an attorney advance money to a client for personal reasons against an anticipated personal injury settlement?
No, the Tennessee Supreme Court and the Rules of Professional Responsibility forbid an attorney from advancing money to a client for personal reasons.

3. How much should I demand for my personal injury case and will I get what I demand?
When your case is ready to be settled, your attorney will discuss with you the value of your case. The demand is not necessarily the value of your case. In fact, the demand is nothing more than a reference number to begin negotiations. You have to throw out an offer to get an offer. What is important is not so much the demand, but the settlement range of your case.

4. Do I have a good personal injury claim/case?
There is no such thing as a perfect case. You must be able to prove four essential elements of a personal injury claim/action.

  1. The defendant or person that caused your injury was at fault/negligent.
  2. You were injured or were damaged in some way.
  3. Your injuries and damage were caused by his wrong doing or negligence.
  4. That the defendant has insurance or you have uninsured motorist coverage or defendant is otherwise capable of paying your claim. Your attorney will help you assess the facts of your case and help you determine whether your case has merit and is worth pursuing.

5. What do I do when I am involved in a motor vehicle accident?
Being involved in a motor vehicle accident is a stressful event, however, you should remember three important things:

  1. Identify and obtain the names, addresses, and phone numbers of witnesses, if any, at the scene. They can make the difference in the success of your case.
  2. Call the police and do not leave the scene.
  3. Obtain as much information as possible from the person that struck you such as his/her name, address, phone number, place of employment, drivers license number, make and model of vehicle driven, owner of vehicle, liability insurance company, policy number, and agent if available.