Trantolo & Trantolo, LLC has been helping injury victims get justice and financial compensation for more than 85 years. We have compiled answers to some of the most common questions we receive about personal injury claims.
Personal Injury FAQs
What is a Personal Injury Case Worth?
Since a personal injury case aims to recover compensation for the injured person’s losses, the value of each claim differs depending on the facts of the case. Losses typically included in a personal injury settlement include medical expenses, lost income, property damage, and pain and suffering.
How Long Does a Personal Injury Case Take?
Personal injury cases can take anywhere from a few months to years. The amount of time it takes to resolve a personal injury case depends on several factors, including:
- How many people were involved
- How serious the injuries are
- Whether there are questions about liability
- Evidence quality
- Legal representation
Hiring a personal injury lawyer can streamline the legal process and help you avoid common pitfalls.
What Does the Personal Injury Claim Process Look like?
The claim process varies depending on your state and the type of personal injury. Generally, the injury victim can file an insurance claim against the at-fault party’s liability insurance, whether it is car insurance, property liability, or homeowner’s coverage.
The victim may also file a personal injury lawsuit against the at-fault party by serving a formal complaint consistent with state requirements. The sued party may decide to settle or they may take the case to trial. If the case goes to trial, the court will review everything related to the case, determine fault, and establish a settlement or award value. This process is complicated, so you benefit from hiring a personal injury attorney to assist you.
Will My Personal Injury Case Go to Trial?
Many personal injury cases settle out of court, but there is always the possibility that your case will go to trial. Cases often end up in court when the at-fault party disputes liability, the insurance carrier refuses to offer a fair settlement, or there are multiple parties involved. A personal injury lawyer serving your area can guide you through the process and represent you during negotiations, hearings, and trial proceedings.
Car Accidents
What Do I Do After a Car Accident?
Take the following steps after a car crash if you are still at the scene:
- Report the accident by calling 911, remove yourself and others from harm’s way, and seek medical assistance as soon as possible.
- Exchange information with the other driver and note the names and contact details of any witnesses. The attending officer may facilitate this exchange.
- Document the accident scene with photos or videos.
- Report the accident to your insurance carrier.
If you have already left the scene of the accident, take the following steps:
- Once you have received emergency care, continue medical treatment and follow your doctor’s instructions.
- Keep copies of all medical records, bills, repair estimates, accident reports, and other documents related to your case.
- Contact a car accident lawyer as soon as possible following the accident to begin your legal claim.
Do I Need to Hire a Car Accident Attorney?
It is your choice whether to hire a car accident lawyer to represent your claim. However, there are several good reasons to consult an auto accident attorney after your collision.
A lawyer can guide you through the legal process, gather evidence, and build a case while you focus on recovering. They will know how to defend you against unfair insurance practices. In addition, an attorney will ensure your claim includes all current and future losses so you don’t leave money on the table.
What Damages Can I Claim for a Car Crash?
Damages you could claim for a car crash include medical expenses, lost income, property damage, and pain and suffering. The types of damages you can recover vary widely depending on your specific circumstances. Speak with a motor vehicle accident lawyer to learn which damages you could include in your claim.
Motorcycle Accidents
What Are the Most Common Causes of Motorcycle Accidents?
Some of the common causes of motorcycle accidents are:
- Speeding
- Distracted driving
- Impaired or drunk driving
- Failure to detect or recognize motorcycles
- Unsafe lane changes
- Failure to yield
- Road hazards
- Motorcycle defects
Motorcycle accidents often occur when another driver is careless, reckless, or negligent. A motorcycle collision attorney in your area can help you determine fault and hold the responsible party accountable for your accident.
Who is Liable for a Motorcycle Collision?
Parties who may be responsible for a motorcycle accident include:
- Inattentive, intoxicated, or otherwise negligent drivers
- Entities responsible for road maintenance and repairs
- Motorcycle manufacturers
How Much Can I Get For a Motorcycle Accident Claim?
Motorcycle accident settlements differ between cases based on injury severity, damages, liability, and insurance coverage. Consult with a motorcycle accident lawyer to learn which factors could affect your motorcycle accident settlement.
Dog Bites
Who is Responsible for a Dog Bite Injury?
Liability for a dog bite injury varies by state. In many cases, the dog’s owner is responsible for injuries caused by a dog. However, some states have exceptions if the victim was trespassing on private property or taunting the dog. A dog bite attorney in your state can help you understand which laws apply.
How Do I Get Compensation for a Dog Bite?
Most homeowner’s insurance policies have some provision to cover damages in the event of a dog bite incident. To recover damages, you typically need to file a claim with the owner’s insurance. You may have to file a lawsuit against the responsible party to recover the compensation you need. Speak with a dog bite lawyer in your area to learn more.
What Proof Do I Need for a Dog Bite Claim?
To file a dog bite claim, you must prove that the at-fault party was responsible for the dog, either as an owner, keeper, or other legally liable party. Depending on your state, you may also have to prove that the at-fault party was negligent. Examples of proof for a dog bite claim include:
- Photos or videos of the dog, its owner/ keeper, and the location where the dog is kept
- Police or animal control report of your dog bite incident
- Record of any previous complaints or incidents involving the dog
- Photos of your injuries
- Witness statements from people who saw the attack
- Medical records, invoices, bills, and other documents to prove your losses
Pedestrian Accidents
Does Insurance Cover a Pedestrian Accident Claim?
Yes, insurance typically covers a pedestrian accident claim. The type and amount of coverage will differ depending on the state. If you live in a no-fault state, for example, you may receive coverage through your personal injury protection (PIP) insurance. In an at fault state, on the other hand, you would seek compensation through the at-fault party’s insurance. To learn which policies apply to your case, speak with a pedestrian accident lawyer in your state.
How Long Does it Take to Settle a Pedestrian Accident Case?
Pedestrian accident cases can take months or years to settle, depending on the complexity of the case. Accidents with more severe injuries, unclear liability, and hit-and-run collisions can all take longer to resolve. Hiring a pedestrian accident attorney serving your area can speed up the process.
What Are the Most Common Types of Pedestrian Injury?
The most common injuries that arise from pedestrian accidents include:
- Injuries to legs, knees, shoulders, and arms
- Traumatic brain injuries
- Bone fractures
- Neck and spinal cord injuries
- Internal organ injuries
A pedestrian collision attorney can help you get medical treatment and compensation for your injuries.
Wrongful Death
Who Can File a Wrongful Death Lawsuit?
Typically, the immediate family of the deceased person can file a lawsuit against the party that caused their family member’s death. However, some states require a personal representative to file the claim on behalf of the victim’s estate. A wrongful death attorney can explain who is permitted to file in your state.
What Damages Can I Seek Through a Wrongful Death Claim?
You could recover the following damages through a wrongful death claim:
- Funeral and burial expenses
- Pain and suffering your loved one experienced before they passed
- Medical costs incurred before your loved one’s passing
- Lost income and support
- Loss of love, companionship, and guidance
Note that damages for wrongful death cases differ between states, so check your state laws or consult with a wrongful death lawyer before you proceed.
Will a Wrongful Death Case Go to Trial?
Wrongful death cases are often settled out of court, but they may go to trial if there are questions about liability or the parties cannot come to a settlement agreement. Even after the case is at trial, the parties may agree to a settlement before the judge or jury makes a ruling. A wrongful death attorney can guide you through the legal process and represent you at trial if needed.
Still Have Questions? We Can Help!
Trantolo & Trantolo, LLC offers free legal consultations to help injury victims understand their legal rights and explore available legal actions. Contact our office today to schedule a free case review with one of our personal injury lawyers serving Connecticut, Massachusetts, and Long Island.
