Automobile Accidents FAQs

FAQs for Automobile Accidents

• Who Was at Fault And Does it Matter?
• Are There Special Considerations in Serious Injury or Death Cases?
• Will I Have to Go to a Jury Trial to Resolve My Case?
• Who Will Pay My Medical Bills?
• How Do I Select the Right Attorney?

Q: Who Was at Fault And Does it Matter? (top)
A: Fault is always important. You should discuss the details of the accident with an attorney to assist you in making a decision about responsibility for the accident. In Missouri you may be able to bring a lawsuit even if you were equally or more at fault than the other driver. In Kansas if you are found to be 50 percent at fault or more, you will not be able to make a recovery.

Q: Are There Special Considerations in Serious Injury or Death Cases? (top)
A: In serious injury or death cases having an experienced, knowledgeable attorney is more vital than ever for many reasons. 1. These cases need aggressive, early investigation, which will include interviews with you, potential witnesses, and police officers. The investigation may also include a visit to scene with accident reconstruction experts and an examination of roadway or landscape features that may have contributed to the accident. You can be sure that the insurance company for the other driver is investigating for their side and you should have a lawyer looking out for you. 2. Serious injury and death cases involve complex medical issues on the injured person's current condition, prognosis, and future medical care. It is important in these cases to have an attorney with the resources and experience to hire healthcare experts, life care planners, and economists who can evaluate what your future needs may be. 3. Insurance coverage issues also become extremely important in serious injury and death cases. A lawyer can examine the facts relating to the accident, take statements or depositions of the other driver and verify his insurance coverage, whether his employer may also be responsible or provide coverage for the accident, and evaluate whether your own insurance can help contribute to your compensation. Aggressive, thorough investigation also sometimes leads to the discovery of additional insurance coverage. 4. Product Liability and Roadway Defects. Many times an automobile accident was caused or contributed to be caused by roadway defects, missing traffic signs, or improperly maintained landscape. An attorney can visit the scene of the accident shortly after it occurs to document the conditions with photographs and videotape. Your accident also may involve product liability issues, where your vehicle did not protect you from the crash in the way it should have or perhaps a defect in the vehicle caused the crash. For example, an air bag may not have deployed, or the vehicle may have rolled over improperly and experienced roof crush that caused additional injury. Maybe the vehicle lacks certain safety features like electronic stability control (ESC) which are highly effective in preventing accidents. There are many possible product liability and roadway defect theories and in a serious accident it is important to have an experienced lawyer examine your potential claims.

Q: Will I Have to Go to a Jury Trial to Resolve My Case? (top)
A: Most lawsuits involving automobile accidents have an opportunity to be settled prior to a jury trial. However, many times to get the fair compensation that you are entitled to, you and your attorney must be prepared to go to trial and explain to the jury why you should receive a fair amount of compensation for your injuries and damages. In selecting an attorney it is important to find an experienced attorney with the resources and experience to take your case to a jury trial. Some lawyers are only interested in settling cases and do not have the resources or experience to take your case to trial. While no one looks forward to the prospects of a jury trial, in a serious injury or death case, you should be prepared to work with your lawyer and take your case to a trial if necessary.

Q: Who Will Pay My Medical Bills? (top)
A: Following a serious automobile accident, a family can be faced with mounting medical bills and questions about who will pay them. Consulting with an attorney about your accident can provide a valuable resource on several important issues. First, in some states like Kansas, there is "no fault" or "personal injury protection benefits" under your own insurance that can pay a limited amount of your bills right away. These benefits may also be available to pay you for wage loss and other types of out-of-pocket expenses. Your health insurance company may also pay medical bills, and this raises an important issue called "subrogation" or "right of reimbursement." Subrogation or right of reimbursement means that if you are injured as a result of the negligence of another party and you make a monetary recovery from that party, your health insurance company may have a right to be paid back for some of its medical bills. Usually an experienced and competent attorney can evaluate your health insurance contract to see whether or not your case would be subject to subrogation or right of reimbursement, and if so, can work with the health insurance company to reduce or minimize the amount of money you may have to pay back after your case is resolved. We also assist our clients in obtaining Social Security disability benefits where appropriate, along with other government benefits to which they are entitled. Ultimately, you should keep careful records of your medical bills and out-of-pocket expenses and you can make a claim for these items against the driver who is at fault for your accident.