Frequently Asked Questions
Answers from Skilled Jackson Personal Injury Lawyers
Richard Schwartz & Associates, P.A. is a compassionate firm, comprised
of knowledgeable and caring personal injury attorneys in Jackson, MS.
We not only work hard to obtain fair settlements for every one of our
clients, support our fellow associates and legal team, and are heavily
involved in the community, but we accomplish all this with integrity,
accountability, and respect. This means you can trust in our firm to help
you through your injury because we offer the advice and guidance you need,
when you need it most.
Continue reading for answers to our frequently asked questions or call
(601) 869-0696 to schedule a
free initial case review.
Should I give my statement to the insurance company?
Remember that insurance companies are businesses and that business is not
necessarily to help you. You do not have to give them your statement,
even if you are telling the complete truth, because they will use it for
their own purposes, not yours. Speak to a Jackson personal injury attorney
first, as doing so can protect you and your claim. We will work with you
to obtain maximum compensation, where an insurance company will not.
It was the other guy’s fault. Do I really need a lawyer?
Even when everyone agrees who was at fault, the amount of compensation
is almost always disputed. An experienced personal injury attorney in
Jackson will always ensure that the law is working in your favor, that
responsible parties take accountability for their actions, and that you
get the full amount that you are entitled to.
Who do I file a personal injury lawsuit against?
In Mississippi, lawsuits and claims for compensation are filed against
negligent individuals or parties, such as the driver responsible for the
accident or a property owner or corporation where injury was sustained.
Cases are only filed against insurance companies when you, as the policy
holder, has a claim that the company failed to live up to the terms of
the arrangements laid out in the policy to which you pay regularly.
What are contingency fees?
Legal fees in personal injury cases are generally taken on contingency,
meaning you do not pay out of pocket. Rather, your lawyers’ compensation
comes from a portion of your settlement and are agreed on by both you
and your attorney. Fees are usually equal to 33% of the gross recovery,
or 40% of the recovery if a lawsuit was filed.
At Richard Schwartz & Associates, P.A., you will be advised of all
potential costs prior to settlement. We will work with you to set the
percentage based on your unique circumstances. We are also generally able
to keep our fees lower.
How is compensation calculated for pain and suffering?
Our Jackson personal injury attorneys will pursue compensation for your
medical and rehabilitation costs, as well as the potential costs for future
medical expenses. While there is no set amount for general pain and suffering,
our firm will fight for the true value of your claim to ensure you have
enough money to recover and move forward.
What if my accident was caused by a member of my family?
You can bring a negligent suit against anyone, even if they are related
to you. Especially in cases of car accidents, the claim for compensation
will be paid out by the insurance policy on the vehicle.
The police never investigated. Is my claim still valid?
It’s not required that the police investigate the accident in a personal
injury claim, and the generally won’t if the accident occurred on
private property. Though a police report can help strengthen your claim,
as the negligent party are then forced to be honest about the situation,
it can also make your claim more difficult to win. It is always in your
best interest to contact and wait for police to arrive after an accident.
What if the accident was a hit and run?
Call the police, stay at the scene, and wait for law enforcement to come
investigate. The accident will then be considered to be caused by an uninsured motorist.
Should I use my medical insurance to pay for expenses from my accident?
Yes, as most policies have reimbursement clauses that will pay them back
after the claim is settled. Using your insurance can mean that you avoid
high medical costs at the outset and the negligent party will eventually
get the full amount billed to them, regardless if a part of the cost was
covered by insurance.