Q1: What am I entitled to recover in a personal injury action?
A1. You are entitled to reasonable medical bills if the injuries are caused by the accident. You are also entitled to loss of earnings - past, present, and future. Also actual out-of-pocket expenses, including repairs to your vehicle or its fair market value, and rental expenses or the loss of use of your vehicle. You may also be entitled to damages for the pain, suffering, and emotional distress as a result of the accident.

Q2. How much can I expect to recover?
A2. Until all medical records have been reviewed, liability and loss of earnings determined, and estimates of future medical care and expenses determined, your case cannot be reasonably evaluated. The facts and evidence of a case must all be reviewed before we can reasonably assess your case.

Q3. What about my lost earnings?
A3. Lost and future lost earnings are recoverable from the defendant’s insurance company, but must be proven. This can be difficult for those who are self-employed. Be sure to keep good employment records. Obtaining recoveries for lost earnings is often times difficult, and therefore the injured victim should return to work as soon as possible.

Q4. Will I have to pay taxes on my personal injury settlement?
A4. The Internal Revenue Service considers settlements from a personal injury award to be non-taxable, except for the recovery for lost wages and loss of earnings.

Q5. Should I see a doctor?
A5. If you are injured in an accident you should seek immediate medical attention. Often you may not experience pain or discomfort until one or more days after the accident.

Q6. Do I need a lawyer?
A6. It is usually very difficult to handle your own personal injury case. Insurance companies will likely attempt to compensate you far less than the true value of your case. It is unlikely that they will attempt this with an experienced personal injury attorney representing you.

Q7. Will I be dealing with a lawyer?
A7. Law firms differ in their handling of personal injury cases. At the Law Offices of Delsack & Assoc., P.C. we want our clients to have direct communication with the attorney. Our office staff provides all support functions, but all decisions are made by the attorney, and all significant decisions are discussed directly with our client.

Q8. Will you need to file a lawsuit and will my case go to trial?
A8. Approximately 99% of all cases in which lawsuits are filed are resolved before trial. Trials are expensive, time consuming, and their outcome is often unpredictable. It is usually in everyone’s best interests to resolve cases without the necessity of a trial.

Q9. How long does a personal injury case take?
A9. This depends to a large extent on the severity of the injuries and how long it will take to fully recover. Typically a case involving only very minor injuries and with sufficient insurance to fully cover the injuries, will take 3 to 6 months. If the injuries are serious but there is insufficient insurance, the case can also be resolved quickly. Major injuries, however, or disputes over fault, or lengthy medical treatment may cause significant delays in settling a case.

Q10. Can you refer me to a doctor?
A10. Yes. Attorneys usually have experience with doctors who are excellent physicians close to the client’s work or home. But an injured client should not wait for a referral to a doctor. An injured party should see her or his family physician or emergency hospitals for immediate medical attention if the injury or injuries are serious.

Q11. How does the doctor and hospital get paid?
A11. Many doctors take personal injury cases on a "lien" basis. The doctor will not require payment from the client during the course of treatment, but wait to receive payment out of the settlement of the case. If the defendant is responsible for the accident, that person’s insurance company will be responsible for all reasonable medical expenses. If, on the other hand, liability or cause of the accident cannot be undetermined or is questionable, it is sometimes better to use your own medical insurance to pay for your medical care. Also, insurance companies will not pay for medical reports or record reviews, treatment not related to the accident, unreasonable medical expenses, or unnecessary medical or diagnostic procedures. You should have your doctor consult with your attorney to make sure that medical expenses are reasonable.

Q12. Will I be able to get my car repaired?
A12. If your car can be repaired you may have the defendant’s insurance company repair your car, but that may take longer because the insurance company will first investigate the damage before agreeing to pay for any repairs. Therefore, it may sometimes be best to use your own collision insurance to get it repaired more quickly. You can use any body shop because insurance companies may not dictate your decision. Your deductible will usually be reimbursed by the defendant’s insurance carrier.

Q13. What if my car is declared a total loss?
A13. You can’t recover what you actually paid for the vehicle, but you are entitled to the fair market value at the time of the accident. Any remaining debt on the vehicle will have to be paid out of the settlement. If the vehicle is worth less than what you still owe you may have to pay the difference to the lender or leasing company. "Gap insurance" provides protection for this kind of situation. Note that the Kelly Blue Book is only a guide to a vehicle’s value.

Q14. Who pays for my rentals?
A14. The defendant’s insurance company is responsible for your rentals. You will likely need to rent a vehicle on your own and get reimbursed later from the insurance company. It is sometimes easier to go through your own insurance company for your rental expenses if you have rental coverage. Do not rent a vehicle for longer than necessary because insurance may not cover all the expenses.

Q15. What if I didn't carry automobile insurance?
A15. In California, a driver of a motor vehicle must carry liability insurance. An uninsured driver may have his driving privileges suspended, and will only be entitled to actual out-of-pocket expenses but not for damages for pain, suffering, and emotional distress. The exception is if the defendant driver was convicted of driving while under the influence.

Q16. What about attorney’s fees?
A16. Personal injury lawyers usually work on a contingency fee basis. Unless the attorney prevails in your case she or he does not receive attorney's fees. Contingency fees are based on a percentage of the gross recovery for the bodily injury portion of the case, and are typically 33% of the gross recoveries if the case is settled before filing a lawsuit, and 40% of the gross recoveries if a lawsuit must be filed. The fees to minor victims under age 18 are less.

Q17. Who pays for costs?
A17. The client is responsible to pay all costs of pursuing the case. Some law firms require costs up front, while others advance the costs on the client’s behalf and then are reimbursed at the conclusion of the case. Usually, the stronger the case, the more likely it is that attorneys will advance the costs.

Q18. Should I take photos?
A18. Yes, and taken from all angles and distances of the scene of the accident, the damage to the vehicles, and injuries to any persons. It is a good idea to keep a disposable camera in your car for such emergencies.

Q19. How can I get a copy of the police report?
A19. Either from your insurance company or your attorney or by sending a request with the fee to the appropriate police department or CHP.

Q20: How do I contact you?
A20 : See our contact information form, or call us at 888-395-3666. Our FAX number is 888-270-0079.