• Should I hire a lawyer?
• How to choose an attorney
• What a lawyer should do for you
• Contingent fees and costs
• Is my case likely to settle?
• Do I need to file a lawsuit?  How long do I have?
• What is a release?
• What is a recorded statement?

If your accident just involves property damage to your car, you should be able to talk to the insurance company of the driver who caused the accident without hiring a lawyer. They should pay the reasonable cost of repairing your car or the fair market value of your car if it was totaled. If you or others in your car were injured, settling your claim is much more complicated and you are well advised to consult an attorney. Even modest settlements can be tricky. If there were injuries to minors, special rules apply and a settlement will probably require court approval.

Settlements are almost always final. Releases drafted by insurance company lawyers are written to protect the insurance company and the person it insures from any further exposure on the claim. Before signing away any rights, seek the advice of an attorney. The key to knowing what your claim is worth is knowing how similar cases have been settled, arbitrated or tried in court. Insurance companies have this information; however, you as the claimant do not. This can place you at a serious disadvantage when it comes to negotiating a fair settlement on your own. The insurance adjuster's job is to represent the insurance company and its insured.

The adjuster's goal is to save the insurance company money while fulfilling its obligations to the person they represent, the person who caused the accident. A good personal injury attorney has access to the same verdict and settlement reports as the insurance company and can therefore help you make better informed decisions during settlement negotiations.
An attorney can also be very helpful in finding applicable insurance coverage, especially when the person who caused the accident has little or no insurance.

Insurance adjusters sometimes advise claimants not to hire a lawyer, or suggest that the claimant will receive less money if the claimant uses an attorney. You should know that it is a violation of the Utah Unfair Claims Settlement Practices Rule for an adjuster to make such statements. In most cases you are well advised to discuss your case with a lawyer

Choosing an attorney can be one of the most important legal decisions you make. Before you let a lawyer ask the tough questions for you in court, first ask him or her some tough questions of your own. Here are some things to consider.

You should feel comfortable with your attorney. Your attorney must be able to understand the legal specifics of your case as well as understand your emotions about it. One of the best things that a lawyer can do for a client is to listen.

A good accident attorney will devote the time and attention that your case deserves. Your attorney should have access to up to date legal research and jury verdict information. Computerized research assistance is ideal.

Experience is another key point. The lawyer you choose should have the specific kind of experience necessary to handle your case. Also, choose an attorney or law firm with a solid reputation. Reputation in the legal field is earned by years of hard work and results. What other lawyers and judges think about a firm says a lot about its practice.

When you hire an informed personal injury attorney to represent you, you can expect that attorney will protect your rights and present your claim in the best light possible. If you wait too long to hire an attorney, the attorney's ability to represent you is made more difficult by the passage of time. Your attorney will gather together all copies of official documents and reports relating to your claim. When needed, your attorney can refer you to a doctor qualified to treat your injuries. Your attorney can also provide support personnel, such as investigators and photographers to support and document your claim. However, it is important that you notify your attorney, as soon as possible, of all of the facts about your case, so that the best preparation and presentation of your case can be made.

A contingent fee agreement is an agreement by an attorney to take a certain percentage of a settlement of a claim as his fee. The fee is not collected until the settlement is paid. Generally the fee is one-third of any total settlement, but can be a greater or lesser percentage by agreement between the attorney and client. This is the standard fee agreement in personal injury cases. No money is required in advance from the client. The attorney does not collect a fee when there is no recovery.

Costs in a personal injury case may include fees for a police report, medical records, photocopies, or investigative services. If a lawsuit is required, there are additional costs for filing fees, process fees, and deposition charges. The most important thing to understand about costs is that they are separate and distinct from an attorney's fee, and most contingent fee agreements state this fact specifically. Although the costs are usually also paid at the time of recovery, they are paid out of the remaining funds after the attorney's fee is subtracted. Some people believe that costs and attorney's fees are included in the one-third percentage, but this is not correct. To correctly calculate a client's award, the attorney's fee is subtracted from the total settlement amount, and then costs, medical, and other outstanding debts are deducted from the remaining amount.

In most accident cases there is an insurance company that will be responsible to pay the necessary damages, and an out-of court settlement can be reached. It is in the best interests of both sides in many cases to settle out-of-court, in order to avoid the delay and expense of a lawsuit.

If an attorney has properly prepared for the settlement negotiations, it may make settlement easier. Claimants not represented by an attorney will traditionally be offered less in the settlement award.

If you have been in an accident with injuries, you should not settle your case or even give an interview or recorded statement to an insurance investigator or adjuster before you have spoken with an experienced accident attorney.

Many, if not most, personal injury claims are settled without filing a lawsuit. Lawsuits are filed if a fair agreement cannot be reached, or if the deadline to file is approaching. A lawsuit allows an impartial person or jury to look at all of the facts and decide what is fair.

The time an injured person has to file a lawsuit is set by law and depends upon many different factors, including the type of accident, where it happened, who was involved, the age of the parties, and other factors. The deadline to file a lawsuit is known as the Statute of Limitations. A personal injury lawsuit against a non-governmental entity or individual must usually be started within four years of the date of the accident. Generally, if your claim is against a government entity the Statute of Limitations is much shorter. It is not possible to cover all of the conditions that would determine the Statute of Limitations deadline. To properly determine the deadline in your case, consult a lawyer who handles accident cases promptly.

A release is a legal document that ends a person's right to make a claim for damages suffered in an automobile accident against another person or an insurance company. This document is usually signed by a person after a claim has been settled with his approval, and is binding on his heirs as well. It is very important to understand that signing a release for an insurance company completely ends a person's right to make any further claims against that company for damages arising out of that motor vehicle accident.

When an insurance company is trying to settle a claim with a person who is not represented by an attorney, the company may try to pressure a person into signing a release document for a part of his claim, usually property damage. It is very important that a person not sign any type of release document until he understands exactly what it says and has the benefit of legal counsel. A release document in settlement of a claim is a binding legal document that ends your right to make any further claims regarding that motor vehicle accident. It is in your best interest to consult an attorney regarding any release documents prior to signing.

A recorded statement is a statement of the facts of an accident taken by an insurance adjuster and recorded by tape or signed writing. It may be taken by a person's own insurance company or by the insurance company of another person involved in a motor vehicle accident. It is usually taken soon after an accident occurs, but may be taken at any time prior to settlement of a claim. It is not required that a recorded statement be taken by an insurance company, and usually depends on the individual accident situation. Questions asked include basic personal information, such as name, address, date of birth, and employment information, but the focus is on the facts of an accident and a person's injuries and property damages. Although this statement is not a court deposition, it is recorded and kept by the insurance company that takes it. It may be used to support or contradict other statements by a person in the course of resolving a claim. When a person is represented by an attorney, the attorney prepares the client in advance and then monitors the statement and the questions the adjuster can ask. It is important to tell the truth about what happened during the accident, but not be swayed by the adjuster's comments. A person can also discuss his injuries to the extent of his knowledge, but should answer all questions as briefly and clearly as possible, to avoid possible confusion and misunderstanding.