Personal Injury FAQ
Charlotte Personal Injury Lawyers
In regards to
personal injury cases, we hear many common questions asked among our clients. We are happy
to answer any and all questions a person might have regarding accident
and injury cases. Here are just a few examples of frequently asked questions
that may be of help to you:
If your question is not answered below,
call our firm at (704) 710-8182 to discuss your case.
Do I have a case?
If you are injured due to the negligence of another, you most likely have
a legitimate personal injury case.
Our experienced Charlotte personal injury attorneys can determine whether
or not you have a case. After thoroughly examining the facts of your individual
case, we can recommend whether or not to move forward with a settlement
What is "negligence"?
A person is
negligent if they fail to exercise a reasonable care for the safety of others. As
such, if a person fails to act as a reasonable person would, and this
failure leads to someone being injured, the negligent person could be
liable for any resulting damages.
Should I speak with the defendant's insurance adjuster?
If you think you may have a claim to make related to an accident, you should
always consult an attorney
speaking to the defendant's insurance adjuster.
Insurance adjusters are trained on how to approach you and get you to agree
to sign a release (wherein you give up your rights to pursue a claim for
your injuries). They are also trained on how to word questions to you
so that your answers make it look as though you weren't really injured
in the accident.
Our attorneys rarely allow the defendant's adjusters to speak with
On the other hand, if you are pursuing a
uninsured motorist claim (i.e.
UM claim) (wherein you recover from your own carrier under your UM policy),
you should always agree to speak to them. Failure to speak to your UM
adjuster could give them grounds for denying you coverage for the accident,
claiming you "failed to cooperate". However, even in cases where
you are injured by an uninsured motorist, it is
extremely important to
consult with an attorney
before even speaking to your UM adjuster!
Should I sign a release?
consult with a personal injury attorney
before signing a release.
Insurance adjusters will sometimes provide you with a release wherein you
release the defense from liability
for everything, when you thought you were only settling the property damages part of the case.
Adjusters are trained to contact you as soon as possible. This way you
may be more inclined to settle your case for less, not fully appreciating
the extent of your injuries or how long you may actually require medical
What if I do not have health insurance?
For clients who are injured in an accident and
do not have health insurance, our attorneys are able to get them medical treatment by providing them
with an extensive choice of medical facilities and doctors that will forego
receiving payment until after your case settles. Once the case settles,
the doctor's office is paid out of the settlement proceeds. Under
these circumstances, the doctor's office has a "doctor's
lien" against the settlement proceeds.
Does hiring a lawyer mean I will have to go to court?
No. Hiring an attorney does not mean you will need to testify in court
or even file a lawsuit (See "What are the stages of a personal injury
What types of questions will I be asked if I ever give a deposition?
The typical questions you could be asked during a deposition include:
- Have you ever sustained any injuries before the subject accident?
- What was your past medical history before the accident?
- Do you know of any witnesses to the accident?
- Did you give any statements to anyone regarding the accident?
- What injuries did you sustain in the accident?
- Who have you treated with?
- Are you done treating?
- What is your employment history?
- Did you miss any work due to the subject accident?
- What types of hobbies did you enjoy before the accident?
- How has your life changed as a resul of the accident?
How much is my case worth?
Just like every person is different, every case is different. There is
no blueprint or formula that is used to determine a case's worth.
The value of a case depends on many different factors including (but not
- liability (i.e. who was at fault)
- physical damages (what type of injuries you sustained)
- pain & suffering (past & future)
- psychological or emotional damages (past & future)
- property damages
- lost income (past & future)
- punitive damages
Our experienced personal injury trial attorneys are able to discuss the
potential value of your case after reviewing the facts and circumstances
surrounding your accident.
How long will my case take to resolve?
There are different factors which can affect how long it takes to resolve a case.
Generally speaking, cases are not usually settled until after you have
maximum medical improvement) for the injuries sustained in the accident. MMI doesn't mean that
you have necessarily recovered 100%, but rather that you have reached
the point in your recovery where you doctors do not expect any additional
improvement in the future.
So for clients who reach their MMI in a few months, their cases may be
resolved in as little as 4-5 months. On the other hand, cases involving
clients whose injuries require additional time to reach MMI could take
more than a year to resolve.
While each is different, our attorneys can generally advise you as to how
long your case is likely take to resolve.
What is a UM claim?
This is an "
uninsured motorist" claim. When you are injured in an accident caused by a person who
did not have insurance coverage, you can still recover for your injuries
under your UM policy.
A UM policy is a type of insurance coverage, that
you have already paid for, that is designed specifically to cover your injuries if you are ever
injured by an uninsured motorist.
If you are injured by an uninsured motorist, our attorneys can determine
if you have UM coverage that can compensate you for your injuries.
What is a "doctor's lien" and what are they used for?
For clients who are injured in an accident and
do not have health insurance, our attorneys are able to get them medical treatment by scheduling them
to treat with doctors who agree that they will not be paid until after
your case settles. Once the case settles, the doctor's office is paid
out of the settlement proceeds. Under these circumstances, the doctor's
office has a "doctor's lien" against the settlement proceeds.
I'm not certain I can afford the help of a lawyer. How can I afford this?
At Saffa Law Group, there are no out-of-pocket costs to you.
We assume complete financial risk and are paid only if and when we win
your case. Your chances for compensation are much greater with the assistance
of a professional attorney.
Is it too soon for me to file a lawsuit?
In many cases a statute of limitations can apply, meaning the law limits
the amount of time you have to file an injury or accident claim, so it's
important to consult an attorney sooner rather than later.
It is in your best interest to contact our firm as soon as possible following
your accident or injury. Keep any documentation of what happened such
as any law enforcement involvement and medical records. Also, steer clear
of signing any documents or papers you may be presented with from another
source, especially an insurance company.
Do I still have a case if I was partly at fault for the accident?
Most states have laws extending rights to a person even if they were at
fault in some way. Because laws such as this can be ever-changing, retaining
professional help to protect your rights is critical.
I think I am ready to seek legal help.
What should I do next?
Contacting our law offices for a free consultation, will enable us to start
working on your case right away. With experienced legal counsel, successful
compensation is possible and we could walk with you through every stage
of the case.
Document in detail every aspect of the incident you possibly can, such
as where and when something took place, and any others who might have
been involved at the time.
Sign nothing; no documents should be signed whatsoever without the presence
of your attorney. If an incident report was taken, mail the department
to obtain a copy of the report. Gather any information in regards to witnesses,
to schedule an appointment for a
with our firm. In doing so, you will be taking the first important step
toward achieving justice for yourself and your family.