18 Frequently Asked Questions [FAQs]

Samuel P. Moeller

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$0 in out-of-pocket costs!
Injured? Vehicle wrecked?
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Frequently Asked Questions

If you've been injured recently in an auto, truck, boat, RV or motorcycle accident, it's likely that you have a lot of questions about hiring an attorney. We’re here to help answer anything that comes to mind. Read on to learn all about what to expect after being in an accident and how a personal injury attorney can help meet your needs through this troubling time. Stop panicking and start getting the facts that you need for your personal injury case, read through the following questions and hopefully you’ll have all the information that you need for the personal accident case that you are dealing with specifically.

1. Do I need to hire an attorney to get a settlement?

While you are not required to have an attorney, it is to your benefit to retain the services of a skilled, experienced auto accident lawyer. A good lawyer has spent years training for his profession. Personal injury law is not something you can learn quickly in your spare time. In addition, insurance companies prefer working with attorneys rather than plaintiffs and you are likely to obtain a larger settlement when you have legal representation on your side.

2. Do I have to pay a lot of money up front?

No. The law offices of Samuel P. Moeller work on a contingency basis for personal injury cases. That means we won't send you an invoice until or unless we collect a settlement on your behalf. We'll deduct our fees from the settlement once it is paid. In some cases, we'll even put out the money for filing fees and court costs.

injury lawsuit

3. When do I have to file my personal injury lawsuit?

In most situations, Arizona law gives you up to two years from the time of the accident to file your suit.

4. How do I go about filing a personal injury lawsuit?

The first step to filing a personal injury lawsuit is to sit down with us so we can evaluate your case. We'll give you our honest opinion about the strength of your case and tell you what we think you can expect to receive as a settlement. There is no charge for this initial consultation.

5. What is negligence?

The reason for most settlements in an auto, truck or motorcycle accident case is negligence. That means, in a legal sense, that a person or company did not act as a reasonable person could be expected to act. That could be a driver speeding or driving under the influence or a company failing to perform adequate due diligence when hiring drivers.

To learn more about hiring a car accident attorney to represent you and/or a loved one after an Arizona auto, truck or motorcycle accident, contact Samuel P. Moeller at (insert contact info) for a free consultation. We've been helping people get the money they need to get back on their feet after an accident since 2003.

6. Who is Eligible to File a Personal Injury Lawsuit?

Anyone that’s been in an accident within the last two years due to the fault of another person or company is elgible to file a personal injury lawsuit in the pursuit of legal compensation. There’s no guarantee that you’ll win your specific case in court, but if you have a serious injury you could receive compensation through a legal case in the court system. Talk with a professional lawyer about your options today to find out if you have a chance for a case on your hands or not.

Personal Injury Cases

7. What Benefit Does a Lawsuit Offer in Personal Injury Cases?

A personal injury lawsuit offers the chance for additional compensation above and beyond what insurance companies have offered to plaintiffs in the past. Whether or not you’ve already received compensation from an insurance company for an accident, a lawsuit can help expose additional costs that haven’t been covered, and help ensure that those needs are met as well. Lawsuits often result in additional compensation above what most insurance companies are willing to pay out, and can be a powerful tool for victims that are struggling to cover costs due to their accidents.

Personal injury cases look at two different types of compensation when they are brought to court. The first is compensatory damages and the second is punitive damages. Both can help enhance the total payout that you would receive from a personal injury case. Compensatory damages are costs associated with the actual injury itself. They include things like medical bills, lost wages, pain and suffering and property damages. Punitive damages are not designed to cover any actual costs associated with a personal injury, but instead to punish the other person involved in the accident for particularly negligent behavior. Punitive damages are added to the final lawsuit to determine the total amount due overall in the end.

8. Do I Have a Case?

While it’s impossible to say whether or not you have a case that can be brought to court successfully without knowing the details of your accident, it’s important to realize that your case is individual and it might not work out the same way as similar cases that you know of. If you suffered from an injury due to another individual or company, it’s likely that you have a chance for a successful legal case. If you would like to talk about the specifics of your case, give us a call today to learn more about what we can do for you and whether or not you can take your problem to court.

9. What is My Personal Injury Case Worth?

There’s no way to say specifically what your case is worth because each personal injury case is unique. That’s why it’s so important to talk with professional legal counsel about the specific details of your case. By talking with one of our attorneys today you can learn more about what you can expect from your case and what sort of value can be attached to the case as well.

In most cases the greater the severity of the accident, the more it is worth overall. That’s why it’s so important to look at case specifics to try and come up with a value.

professional legal counsel

No fee unless we win your case!
$0 in out-of-pocket costs!
Injured? Vehicle wrecked?
We can come to you!

10. How Long Will My Case Take to Complete?

There’s no way of knowing how long any particular legal case is going to take. Some take just a few months while others can take years to complete. Generally cases that are settled out of court are finished much faster than those that must go through the court systems. At Samuel P. Moeller our lawyers work hard to finish up cases as quickly as possible and to avoid long drawn-out courtroom battles. Some cases will get dragged on for an extended period though.

11. Why is Fault Important in a Personal Injury Case?

Fault is one of the most important considerations when it comes to a personal injury case. It determines who is responsible for paying for any harm caused by the accident. Without determining fault, there would be no way to assign the blame to any one individual, and cost of the accident would be split between both.

12. Is it Important for Me to See a Doctor for Minor Injuries After an Accident?

Yes, absolutely. There are cases where serious injuries aren’t viewed as serious initially. By not going to a doctor you put yourself at risk and could suffer further harm over time. Not only that, but going to a doctor immediately following accident will help connect the accident to your injury, making it easier to get compensation for your medical costs through a lawsuit in the future.

personal injuries in a car accident

13. What Do You Do If the Driver Doesn’t Have Any Insurance?

It’s difficult to obtain any sort of compensation after an accient if the driver that you get into an accident with isn’t carrying some form of insurance. Sure the court will try and collect the money from the at-fault driver, but without sufficient assets it’s likely that most of the money will remain uncollected. In this instance, it’s best to lean on your own insurance policy as much as possible. If your policy includes a section covering an uninsured motorist, you should be able to obtain compensation from your policy for at least some of your costs.

14. When Should You Settle an Accident Case?

It’s important to avoid waiting too long to settle a car accident case, but also to avoid settling to quickly. Take the time to completely go through medical treatment, so it’s on record how much money it cost to get fixed up and how much work you missed out on during that period. Only after going through the recovery period should you move on to settling for the case. Just be sure to talk with a trained attorney about the statute of limitations in your part of Arizona concerning personal injuries in a car accident. The times vary, and it’s vital to push through a case before the time runs out to do so.

15. Should I Take a Check from the Insurance Company?

After getting into an accident with another individual, it’s important not to just accept a check from his or her insurance company. Whether you realize it or not, accepting a check from the company could be counted as settling the case. Settling for an amount that’s smaller than your total costs, would leave you to pick up the rest of the bill yourself. Never accept a check from the company unless it includes every single cost that you have to deal with and you’re certain about the amount enclosed.

16. How Much Medical Information Should I Grant to the Other Parties Insurance Company?

Medical information is privileged information and it’s only necessary to provide information that relates to the auto accident itself. That’s why it’s best to consult with trained legal professionals about what medical information to make available to the insurance company and what information to withhold. The company can use additional unrelated medical information to try and lower the total payout by looking for pre-existing conditions and other medical reasons to avoid paying as much. That’s why it’s best to only give out related medical information for your case.

Personal Injury Case

17. Why are Photos Important to a Personal Injury Case?

Photos are a key element of personal injury cases for automobiles, because they serve as evidence toward pain and suffering claims. Showing photos of bruises and other signs of the injury all help your lawyer build a strong case toward a high amount of money for pain and suffering. Even photos of the vehicle can show off the amount of force behind the impact of the vehicles, which can help toward pain and suffering as well.

18. Is it a good idea to make a statement to the guilty driver’s insurance company?

No, usually not. You must be very careful when making any statements to the insurance company of the other driver. Any statement you make can be used against you in court, and it could hurt your case chances. Instead talk with your lawyer about what you should say before you say anything at all and always try to remain cautious when you can.

There’s a lot to know when it comes to personal injury cases involving automobiles and it’s exceptionally difficult to stay on top of all the different laws out there. That’s why it’s so important to have a high quality personal injury lawyer on your side. The right lawyer can help you figure out what to do for your specific case and help you get the most money possible for your pain, suffering and any costs associated with the accident. Hopefully this FAQ section answered most of your questions, and we encourage you to call into our office for any additional questions that you have.
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