Frequently Asked Questions
Should you have any questions related to our specific practice areas, your current case status, referring attorney information, etc. please contact us for more info.
01. What is a Personal Injury?
A Personal Injury, or PI, is any physical or mental injury to a person as a result of someone’s negligence or harmful act.
02. What should I do after an accident?
The most important first step after an accident is to seek healthcare and get well. After that, call Trask Law Firm to discuss your claim and we will go through the best next steps for you and your case. Be careful not to discuss the accident or give a statement to the insurance company or attorney for the “at-fault” party. Instruct them to call you Trask Law Firm attorney or your insurance company.
03. What should I do if an adjuster from the “at-fault” party’s insurance company calls me?
If you were to receive a call from the other party’s adjuster, do not speak with them. Refer the adjuster to your insurance company or your Trask Law Firm attorney. The adjuster’s purpose for contacting you is often to to convince you to settle your claim for a modest amount of money before you know how seriously you were injured. The insurance company may ask you to sign a Release. Unless you are certain you are ready to close your claim, do not sign the Release. Feel free to call Trask Law Firm if you are ever feeling uncertain in any particular stage.
04. What should I do if an attorney or attorney’s representative calls me after my accident?
The first thing you should do is get the name and the phone number of the attorney. Report the attorney to the Bar Association or licensing authority in Georgia. You can go to www.gabar.org to find complaint resources.
05. What are damages?
Damages are any loses or expenses you incurred as a result of the accident. These can be both economic and non-economic.
06. I’m not sure whether I have a case or not! What should I do?
Protect your rights! Call Trask Law Firm and get a professional opinion. You have nothing to lose, after all. Most Personal Injury claims do not become lawsuits and after you are fully recovered from your injuries, your attorney will file a claim with the insurance company. In most cases, your attorney and the adjuster negotiate a just monetary settlement for your injuries. Whether a PI claim (a “tort”) exists is a matter of law. There are four elements to a “tort” claim. 1. The at-fault person is under duty to do or not to do something 2. The at-fault person breaches that duty 3. You duffer damages, and 4. Your damages are the result of the at-fault person’s actions
07. Do I have a claim if I do not feel hurt at the scene?
Sometimes after an accident, you do not immediately feel any pain or injury. Although you may not believe you have been seriously injured, many feel the pain after the emergency is over. See your primary care physician for a complete examination and treatment as soon as possible.
08. How long does it take to settle my claim?
All cases are different in their trajectory. More complex cases take longer to settle and if you have more substantial injuries this will also prolong the process. In short, the more money that is at stake for the insurance company the longer it will take to settle your claim. A helpful benchmark would be if your receive medical treatment for two to four months, it is possible that your claim could be settled within six months.
09. What if, in an automobile accident, the at-fault driver does not have insurance or does not enough insurance?
If the at-fault driver is without insurance, you file your claim against your insurance company under you Uninsured Motorist (UM) coverage. For all practical purposes, your insurance company becomes the at-fault driver’s liability carrier. Studies show 1 in 4 drivers is uninsured, so it is important to have adequate UM coverage. If the at-fault driver does not have enough insurance, you again file your claim under your UM coverage.
10. Can I recover if I have a pre-existing condition?
Yes. The fact that you have a pre-existing condition will not prohibit you from recovering from the at-fault party. Your pre-existing condition is merely a factor to be considered in resolving your claim. The question is whether your accident aggravated your pre-existing condition.