If you or a loved one has been involved in an accident of some kind and would like to file a personal injury claim, attorneys from Atkins & Markoff can help. We understand how complicated and stressful these situations can be, which is why we have compiled a list of the most frequently asked questions. If you would like more information on any of the points listed below, or have another question, please do not hesitate to contact our law firm today.
How is fault determined?
When an accident occurs, an insurance adjuster will most likely be assigned to your case. The adjuster will then evaluate all the evidence of your case and come up with a conclusion as to exactly what happened and who was at fault. However, it is important to note that insurance companies and adjusters are not always unbiased third parties. As the amount you recover and the compensation you receive is connected with the insurance company’s profit and losses, they do not always have your best interest in mind. It is a good idea for you to speak with one of our experienced attorneys before moving forward with an insurance agency after an accident.
What is the difference between “no fault” and “tort” states?
As we stand today, there are 12 states in the nation that abide by the “no-fault” principle, whereas the remaining 38 states are classified as tort states. Oklahoma is a tort state, which means that anyone involved in an accident can file a claim to receive monetary compensation from the individual who was at-fault in the accident. In a tort state determining who was at fault in the accident is mandatory.
When should I file an insurance claim?
It is a good idea to contact an attorney from Atkins & Markoff before you move forward with filing an insurance claim. Our legal team understands what you are going through and have years of experience representing others in similar situations. Because insurance companies often pressure claimants and do not award them all the compensation they deserve, it is in your best interest to fight for what you deserve with one of our attorney’s by your side.
What should I do if an insurance company is pressuring me to settle?
In many cases, insurance companies will pressure claimants to accept a settlement soon after an accident. This typically occurs when the other party involved knows they are at fault and are trying to get you to accept a lower offer than you deserve. If you accept a settlement, there is no turning back. Because of this, it is very important that you do not succumb to the pressures of insurance companies. By retaining a lawyer you will have a much better chance of receiving the financial compensation you deserve.
How much is my claim worth?
There is no one standard amount that people are awarded, as every case is different. We typically tell our clients that the value of their claim will most likely be based on the following factors:
- Total cost of medical expenses
- Total cost of property damage
- Noneconomic damages (ex: pain and suffering)
- Insurance limits/scope of coverage
- Percentage of fault
What will financial damages cover?
Filing a personal injury claim because you or a loved one was injured in an accident means you will receive financial compensation to cover accident and injury-related expenses, including medical bills, lost wages, property damage, and emotional trauma.
What is the first step after I have been injured?
If you have sustained injuries in a car accident, the first thing you should do is seek medical attention immediately following the accident. The benefits of going to the hospital right away instead of waiting are as follows:
- It will establish evidence of real injuries immediately following an accident
- It will ensure that you are treated promptly to prevent worsened injuries/illnesses
When should I accept a settlement?
Knowing when you should accept a settlement from an insurance company is something you should only trust your attorney with. A personal injury lawyer from Atkins & Markoff will be able to go over your case with you and help you make a logical decision as to whether or not accepting a settlement is the right choice for you.
How much does it cost to retain an attorney?
We understand that you may be struggling financially due to a loss of wages and medical expenses from your accident. Because of this, we charge a fee based on contingency.
What do you mean by “no recovery, no fee”?
This is how personal injury lawyers at Atkins & Markoff charge for their services. What this means is that you do not have to pay us unless we make a recovery for you. At this time, our fee will be taken as a small percentage of your total financial recovery.