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Q What
is a serious injury?
A Serious injury means a
personal injury which results in death; dismemberment; significant
disfigurement; a fracture; loss of a fetus; permanent loss of use a of
body organ, member, function or system;
permanent consequential limitation of use of a body organ or member;
significant limitation of use of a body function or system; or
a medically determined injury or impairment of a non-permanent nature
which prevents the injured person from performing substantially all of
the material acts which constitute such person’s usual and customary
daily activities for not less than ninety days during the one hundred
and eighty days immediately following the occurrence of the injury or
impairment.
Q How
much is my case worth?
AThis is a very difficult question
to answer. The initial injuries you received could worsen or your
doctor could find problems you did not know about. In either instance,
the value of your case may increase. The important point to remember is
that no one can accurately predict the outcome of your case until we
have all the evidence that affects your case.
Q Can I receive
unemployment or disability benefits?
A Check with your employer to see if
you are eligible for disability payments under any special policies. If
your employer does not have disability coverage, you may be eligible
for disability payments from the Employment Development Department. You
must have your doctor complete the disability forms and return them to
the appropriate state office. Ask your doctor for the forms.
Unemployment benefits are for able-bodied people who are capable of
working. If you are injured and cannot work, you cannot receive
unemployment benefits.
Q How soon will my case be
settled?
A The process of negotiating with
insurance companies can be very time consuming, because they are in no
hurry to compensate you. We will do everything we can do to settle your
case to your satisfaction as quickly as possible.
Q Will I be compensated for
the pay I lose due to the accident?
A Yes, this is a part of your
damages. To get you this compensation, we need good documentation. Your
doctor must indicate that you have missed work or that you cannot work
at your job any longer due to your injuries. Your employer must verify
how much work you have missed or the effect of your injuries upon your
job duties. If you are self- employed, you must be able to document
your loss of earnings.
Q (In automobile accident cases) What if
the other driver has no insurance?
A In this situation the other driver
is an "uninsured motorist". We will determine if you have this coverage
under your insurance policy, and if you do, will seek compensation from
your insurance company. This is why you paid for uninsured motorist
coverage.
Q What should I tell my insurance
company when I report my accident?
A You must report your accident to
your insurance company. Give them only the basic information about your
accident without going into the facts and details. If they want any
further information, ask them to call The Law Offices of Robert J.
White. Do not give your insurance company a recorded statement or sign
any document you are uncertain about. If you have any questions, call
us.
Q What if I was injured on
the job?
A You may have a Worker's
Compensation case as well as a personal injury case. We can help you
determine if you have such a dual case, and if you do, we can handle
both cases for you at the same time.
Q What if I was injured on
the job, whose doctor should I see?
A During the first thirty days after
your accident, you must see the doctor designated by your employer's
insurance company. After thirty days, you can see any physician you
choose. Your medical expenses will be covered even if you have switched
to your own doctor.
Q Can I collect from
worker's compensation and a personal injury lawsuit for the same
accident?
A Yes. However, the compensation in
your personal injury case will be reduced by the amount paid for by
Worker's Compensation.
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