WHAT IS PERSONAL INJURY? WHAT IS WORKERS COMPENSATION? HOW ARE THEY DIFFERENT?
- How do I know if I have a personal injury?
- How do I know if I have a workers compensation claim?
- Is it possible to have both a workers compensation claim and a personal injury claim?
- Can the workers compensation insurance company claim any of the money I obtain through my personal injury claim?
CONTINGENCY FEES
- Why is a contingency fee desirable?
- How does a contingency fee work?
- Do I ever have to pay money up-front?
- Are contingency fees available for worker’s compensation cases?
- Are there any other possible contingency fee arrangements?
COSTS
- What are "costs"?
- Do I ever have to pay the other side's costs?
- Does the other side ever have to pay my attorney's fees and costs?
- Is this true of my worker's compensation case?
HOW DOES THE INSURANCE COMPANY PAY CLAIMS?
- If I have "full coverage" insurance, does this mean I will be compensated if someone injures me in an accident?
- What does it mean when someone has $15,000/25,000 or $50,000/100,000 and so on?
- What is uninsured/underinsured motorist coverage?
- I checked my policy, and I don't see UIM coverage listed. Why?
- What is "med-pay"?
- I was in an accident, it wasn't my fault, and the person who injured me does not have enough insurance. Can't I just sue him?
- I've been injured, but the insurance company is offering barely enough to cover my medical bills. What can I do?
WHAT IS PERSONAL INJURY? WHAT IS WORKERS COMPENSATION? HOW ARE THEY DIFFERENT?
How do I know if I have a personal injury?
A personal injury is a physical injury to you or a loved one caused by the
negligent actions of another. For example, a motor vehicle accident, a
slip-and-fall in a store, dog bite, or any other injury that is not your fault
is a personal injury, and you probably have the right to be compensated for the
injury.
How do I know if I have a workers compensation claim?
A workers compensation claim is essentially a personal injury that occurs on
the job, and it is related somehow to your work. Sometimes the injury can occur
over time. (Carpal tunnel syndrome is an example of an injury that could be a
workers compensation claim that has occurred over time.) If you believe you have
an on-the-job injury, you should speak with an attorney. Workers compensation
insurance companies many times deny claims that should receive compensation, and
the rules for acceptance of a claim are complex.
Is it possible to have both a workers compensation claim and
a personal injury claim?
Yes, and it happens all the time. Let’s say an individual is driving the
company pickup, and another driver negligently runs a red light, hits the
pickup, and causes injury to the employee. The injured worker can collect
workers compensation and still has the right to make a personal injury claim
against the driver that caused the injury. Another example would be where an
individual is injured in a mine because a piece of mining equipment is
unreasonably dangerous and caused the injury. In this case, the injured worker
can collect workers compensation and possibly sue the manufacturer of the
machinery for causing the injury.
Can the workers compensation insurance company claim any of
the money I obtain through my personal injury claim?
Yes. This area of the law is fairly complex, and you should speak to an
attorney that is experienced in both personal injury and workers compensation.
John Lambert has extensive experience in both areas of the law, so you will have
one lawyer, and there is never a “double-fee.”
CONTINGENCY FEES
Why is a contingency fee desirable?
Lawsuits can be expensive, and most injured people do not have the money to
finance a lawsuit. Insurance companies view their job as protecting their
insured, not paying claims. So, a lawyer that takes a case on a contingency fee
is making a judgment that he or she can win your case. This allows people with
limited financial resources access to justice, since the payoff comes at the end
of the case for both the injured person and the lawyer.
How does a contingency fee work?
At our law office, a contingency fee is a contract arrangement where we work on
a case for no fee until the case is settled or proceeds to judgment in a court
of law, where there is a winner and a loser. This means, of course, that we only
take cases we believe we can win.
Do I ever have to pay money up-front?
Not at the Law Office of John E. Lambert, Ltd. When we take a case on a
contingency basis, it means we believe in your case. You pay no money. You pay
no retainer fee.
Are contingency fees available for worker’s compensation
cases?
Yes. In worker’s compensation cases, the recovery is somewhat different than
in a personal injury case. In a worker’s compensation case, we charge only for
money that is recovered for you. In worker’s compensation cases, many of the
controversies between the injured worker and the insurance company concern the
right to see a medical specialist or collecting travel reimbursement, and any
number of other issues that do not involve compensation (money) benefits. We
will help you obtain all of the benefits you deserve without any additional
charge. Our fee for workers compensation is never more than 25%.ou pay no
retainer fee.
Are there any other possible contingency fee arrangements?
Yes. Fees are a matter for frank and honest discussion.
COSTS
What are "costs"?
"Costs" are the costs of financing your case. “Costs” may include obtaining your
medical records, the court filing fees if we file a lawsuit, or an expert’s
review of your case. We consider the payment of costs as a part of doing
business and never seek reimbursement regardless of how the case turns out.
Do I ever have to pay the other side's costs?
This can happen. If the case goes to trial, and you lose, you may be ordered to
pay some or all of the other side's attorney fees and costs. The Nevada Supreme
Court requires lawyers to tell prospective clients this when they offer a
contingency fee agreement. Supreme Court Rule 196(8) requires all lawyers to
offer the following disclaimer if a contingency fee is offered: You may have to
pay the opposing party's attorney's fees and costs in the event of a loss.
Does the other side ever have to pay my attorney's fees and
costs?
Yes, because the rules work both ways. The "winner" can, under certain
circumstances, force the "loser" to pay their attorney's fees and costs. The
rules governing when this happens are complicated. We can explain this in detail
with you. It is not automatic.
Is this true of my worker's compensation case?
No. It is true of personal injury cases, but no one pays the other side's
attorney's fees and costs in a worker's compensation cases. That means you can't
win them from the insurance company, either. The rules always work both ways.
HOW DOES THE INSURANCE COMPANY PAY CLAIMS?
If I have "full coverage" insurance, does this mean I will be
compensated if someone injures me in an accident?
It depends on what you mean by "full coverage." In Nevada, drivers are required
to carry a minimum of $15,000.00/25,000.00 worth of insurance. This is called
liability insurance. If you are the victim of an accident, and the driver that
causes the accident only has $15,000.00 worth of insurance, that is all the
money you can get from that person's insurance company.
What does it mean when someone has $15,000/25,000 or
$50,000/100,000 and so on?
Insurance companies sell insurance in amounts that allow a set amount to be
recovered per person and a set amount per accident. For example, if a driver
carries liability insurance in the amount of $50,000/100,000, this means that an
individual can collect up to $50,000.00 on that policy, but in no event will the
insurance company pay more than $100,000.00 per accident.
What is uninsured/underinsured motorist coverage?
Let's say that three people are injured, each has injuries exceeding $15,000,
and the person at fault has a policy for $15,000/$25,000. Obviously, there isn't
enough money to go around. If the victims of the accident carry
underinsured/uninsured (UIM) insurance, they can collect from their own
policies. It is unfair that you have to buy insurance to cover yourself for
injuries you suffer in an accident that is not your fault. But it is far more
unfair to be injured and there isn't enough insurance to take care of your
injuries.
I checked my policy, and I don't see UIM coverage listed.
Why?
You probably waived the coverage. Check with your insurance company. The
insurance companies are required by law to offer UIM coverage, but they very
often encourage people to refuse the coverage. This insurance protects you, and
you can use it when the accident is not your fault. It's cheap, and you really
can't afford to waive this coverage. And here's another great thing about UIM
coverage: This insurance applies when you are a passenger in another person's
car. It even pays if you are injured as a pedestrian.
What is "med-pay"?
Med-pay is an amount of no-questions-asked insurance money available to help pay
medical bills while your case proceeds to some sort of resolution. You can
purchase varying amounts, and you should not waive this form of coverage.
I was in an accident, it wasn't my fault, and the person who
injured me does not have enough insurance. Can't I just sue him?
Of course you can sue. The problem comes when the person you are suing doesn't
own anything. If there are assets to compensate you, our law firm looks for
them. We also find insurance where you might think there is none.
I've been injured, but the insurance company is offering
barely enough to cover my medical bills. What can I do?
You need to talk to a lawyer.