Common questions.
Short answers to what people ask most after an injury. For your own situation, talk to a licensed attorney.
Do I need a lawyer?
No law says you must have one. Many small claims are settled without a lawyer. It is worth talking to one if you were seriously hurt, fault is disputed, the insurer denies or delays the claim, you have a long recovery, or you are offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
How do injury lawyers get paid?
Many take cases on contingency. The lawyer is paid a percentage of what you recover and nothing if you recover nothing. Case costs, such as records and expert fees, are handled separately in many agreements. Ask for the percentage and how costs are treated in writing before you sign.
Should I see a doctor if I feel fine?
Yes, soon. Some injuries show up hours or days later. A visit also creates a medical record that links your symptoms to the event. Follow the treatment plan and go to your appointments. Gaps in care are used to argue an injury was not serious.
Should I give the other side’s insurance a recorded statement?
You are generally not required to give one to the other side’s insurer. Statements can be used against you later. Many people speak with a lawyer first. Your own policy may require you to cooperate with your own insurer, so read it. The Scripts screen has plain wording for these calls.
Should I accept the first offer?
Early offers often come before the full extent of your injuries is known. Once you sign a release, you usually cannot ask for more. Wait until your doctor can tell you what treatment you need and how long recovery will take. Have someone you trust read the release.
What if I was partly at fault?
Rules differ by state. In many states your compensation is reduced by your share of the blame. In a few, being even slightly at fault can bar a claim. Do not assume you have no claim. Ask a lawyer about your state.
What if the other driver has no insurance?
Your own policy may include uninsured or underinsured motorist coverage. Check your policy and report the crash to your insurer quickly. Notice deadlines in a policy can be short.
How do I pay medical bills while my claim is open?
Use your health insurance if you have it. Some auto policies include medical payments or personal injury protection coverage, which pays regardless of fault. Providers or insurers may later ask to be repaid from a settlement, which is called a lien. Keep every bill and explanation of benefits.
What counts as damages?
Economic damages are costs you can add up, such as medical bills, lost pay, and repair costs. Non-economic damages cover things like pain and the loss of activities you enjoyed. This is why the journal and expense tracker matter. Kindred does not estimate what a claim is worth.
Should I post about it on social media?
It is safer not to. Insurers and their lawyers look at public posts and photos. A picture of you smiling or active can be used to argue you are not hurt. Do not delete existing posts without asking a lawyer, because deleting can cause its own problems.
How long does a claim take?
It depends on how serious the injuries are and whether fault is disputed. Simple claims can close in a few months. Claims with long treatment or disputes can take a year or more. Insurers usually wait until you finish treatment.
Will I have to go to court?
Most injury claims settle without a trial. A lawsuit is filed if the sides cannot agree or a deadline is close. Filing starts a clock and does not mean a trial is certain.
What if I was hurt at work?
Workplace injuries usually go through workers’ compensation, which is separate from a regular injury claim and has its own short reporting deadlines. Tell your employer in writing right away and ask for the claim forms. If someone other than your employer caused it, you may also have another claim.
What if a child was hurt?
Special rules often apply to children, including different deadlines and court approval of settlements. Keep the same records you would for an adult, and ask a lawyer about your state’s rules.
Are my property damage and injury claims the same?
No. Vehicle or property repair is usually handled separately and often faster. Settling property damage does not usually settle your injury claim, but read anything you sign.
Does using Kindred make Kindred my lawyer?
No. Kindred is not a law firm and does not give legal advice. Sending your file to an attorney does not create an attorney-client relationship. That starts only when an attorney agrees to represent you in writing.
Not sure what a word means? Look it up in the glossary.