FAQ - What if the other driver has no insurance?

Obtain names, adresses, and telephone numbers of all witnesses. Photograph the scene where the injury occurred and any visible injuries (cuts, bruises). Professional photographs are preferable, but not essential. Talk to no one about the accident or injuries other than your personal physician or laywer. Consult a lawyer before answering questions from insurance company representatives. Tell your personal physician exactly how the injury occurred, and describe all symptoms and complaints. Be sure to report memory problems, confusion or disorientation, however minor these things may seem at the time. Begin keeping a diary of how the injury or death affects your life and your family. In particular, write down the activities that you cannot do or are missing because of your injuries. Obtain and keep receipts for all expenses relating to the accident.

We handle all cases on a contingent fee basis. That means that you pay us nothing until we win or settle your case. When we do, we charge you a "flat fee" of one-third (33%) of the award. Many law firms require personal injury clients to pay more than one-third (33%) of the award if your case goes to trial or the case proceeds to an appeal. You will pay the Sweeney Law Firm only one-third (33%) of the award regardless of whether your case is tried or proceeds to an appeal. There may be certain costs and expenses associated with proving your case. In most cases, it will be necessary to pay your medical providers for sending copies of your medical records. We may ask your doctor for a report to document the prognosis for your injuries. Most doctors charge a small fee for reports. If a lawsuit is filed, it may become necessary to hire an "expert witness" to prove fault or the permanency of your injuries. Doctors and other expert witnesses charge for the time they spend working on your case. The Sweeney Law firm advances (interest free) all costs and expenses that are necessary to prove your case. We are reimbursed for the expenses we advance at the end of the case.

Insurance companies usually do not admit responsibility or part with money easily. Most successful recoveries are the product of many hours of hard work resulting in a well-documented claim. If you are uncertain about the value of your claim or want a second opinion, it will cost you absolutely nothing to meet with one of our experienced injury attorneys to discuss your case. Most attorneys who represent injured persons offer free consultations. We will do our best to answer your questions and share our knowledge regarding settlements and verdicts in cases that are similar or comparable to your case. Insurance companies are not required to pay every person who has been injured in accident. There is no "formula" regulating the amount of compensation due an injured person. Many insurance companies use scare tactics to discourage personal injury claimants from hiring a lawyer. Often, insurance claim adjusters tell claimants (1) that the settlement of their claim will be delayed (if an attorney is involved); or (2) that the majority of the settlement proceeds will wind up in the lawyer's pocket. The reason that many insurance companies discourage personal injury claimants from hiring an attorney is simple. The insurance industry knows that injury victims who have highly qualified lawyers recover significantly larger awards than people who are not represented.

Delay can cause problems. The defendant normally contacts his or her insurance company immediately after the accident. The insurance company dispatches claims adjusters to interview witnesses and gather evidence. If you wait several weeks or several months after the accident to contact a lawyer, it may compromise your attorney's ability to gather the evidence necessary to prove your case. Each state has a different rule regarding the time an injured party is allowed to file a lawsuit. The time allowed to file a lawsuit is called the "statute of limitations." Failure to file a lawsuit within the time period allowed by law will result in your case being dismissed from the court system. Because of these time requirements, it is critical that you contact an attorney as soon as possible to insure that your case can be properly investigated and a lawsuit can be filed on time.

The types of damages that are compensable in a personal injury case vary from state to state. Indiana law allows recovery of: Medical expenses, both past and future; Lost earnings, both past and future; Physical pain and suffering; Mental and emotional distress, such as anxiety and depression; Permanent disability; Disfigurement, such as the loss of limb or scarring; Impairment of the ability to do normal activities; Damage or destruction of property; Reimbursement of rental costs; Loss of love, affection, companionship caused by the death of a loved one; Funeral expenses.

In most instances, the insurance company for the Defendant will not agree to pay the injured party's medical expenses until there is a settlement of the entire claim. It may take many months before an injured party is ready to begin negotiations to settle his or her claim. We assist our clients in finding ways to pay the medical bills so that our clients can avoid any harm to their credit rating. We also write protection letters in which we ask your creditors to withhold collection efforts until your case is resolved. If you have been involved in a motor vehicle accident, the most common method of paying your medical bills is to submit the bills to your own auto insurance carrier under the "medical payments" coverage of your policy. You auto insurance policy probably contains $5000 or $10,000 of medical payments coverage that will cover your accident-related medical expenses. We encourage our clients to submit claims under the medical payments coverage. If you are not at fault for the accident, submitting your medical bills to your own company will not cause the insurance company to "raise your rates." Likewise, submitting a claim under your medical payments coverage will not cause the insurance company to cancel your coverage. Your auto insurance company will be reimbursed (for the medical bills they pay on your behalf) when your personal injury claim against the other driver's insurance company is settled. If you have health insurance coverage, you can submit your accident-related medical bills to your health insurance carrier. Most health insurance policies give your health insurance carrier the right to seek reimbursement (for the medical bills they pay on your behalf) when your personal injury claim against the other driver's insurance company is settled.

It is impossible, in the early stages of a personal injury case, to predict when your case will settle. We cannot initiate settlement negotiations until your medical treatment is complete. After your medical treatment is complete, we will need to gather your medical records and other data to begin to negotiate seriously. We will try to keep you informed as we go and resolve your case as quickly as possible.

In most cases, you can settle your property damage claim without the assistance of an attorney. If your vehicle can be repaired, you are entitled to the cost of the repairs. If your vehicle is totaled, you are entitled to the fair retail value (also known as the fair "market value") of your vehicle. You are also entitled to the fair rental value of your vehicle during the time that you do not have the use of your damaged vehicle. If you need help negotiating a settlement of your property damage claim, the Sweeney Law Firm will assist you at no charge.

Just because the other driver did not have insurance coverage does not mean that you cannot collect for your injuries. Your own auto insurance policy or someone else's policy may provide "uninsured motorist" coverage. We will ascertain whether there are any policies of insurance that may be a source of uninsured motorist coverage.

Yes. The Sweeney Law firm frequently represent people who have been injured in accidents that occur in other states or clients who have claims against parties in other states.