SCOPE OF PRACTICE
At Hohaia Law, we focus on accidents involving injury due to a motor vehicle. Together, we can help you recover from an accident and receive the compensation you are entitled to. Our services are intended for:
Drivers or passengers injured in a car, truck, or motorcycle accident
Workers injured on the job while operating a motor vehicle
Pedestrians or cyclists struck by a motor vehicle
Families of someone killed in a motor vehicle accident
Truck accidents often have greater losses. Since the vehicles are so much
UNDERSTANDING PERSONAL INJURY
What is personal injury?
Personal injury is any sort of change or disruption to your person as a result of the accident. This includes physical, emotional, mental, or psychological interference with your daily life and often requires some level of medical attention or professional help.
How do I know I am in need of legal support?
In an accident, legal counsel is never a bad idea. Whether there is a dispute of responsibility for the accident or an injury, seeking support with an attorney can be very beneficial. If you have been injured, it is especially important to work with a personal injury lawyer so you can recover financially from the accident.
What can I expect with a personal injury lawyer?
A personal injury lawyer is someone who is going to be your personal guide through the claim process and give you advice and recommendations on what to do and what not to do. If needed, a personal injury lawyer can also help you find a medical provider if needed and get you the right care for your needs and can provide treatment to help you recover and build the evidence of your claim.
Does a personal injury suit affect my insurance?
Anytime you file a claim with your own insurance company it can impact your rates. This is why it is always a good idea to get all the information you can and find legal support before making the call to your insurance company. Remember, you have the right to choose whoever you want to use for your insurance, so if they decide to raise your rates after an accident you have the freedom to seek out another provider.
Is making a personal injury claim the same as suing someone?
Most personal injury claims are made with the responsible person’s insurance company as opposed to against them individually. Although a lawsuit may be filed in certain situations, the act of filing a personal injury claim does not mean you are filing a lawsuit against someone. Instead, you are seeking compensation and recovery from their insurance company.
What do I do if the driver responsible doesn’t have insurance?
If the other party did not have insurance it is unlikely you can get what you deserve out of a lawsuit against them. Rather than pursuing them individually, it may be more productive and worthwhile to file a claim with your own insurance company. It is still wise to seek legal counsel and representation to ensure you receive the compensation you are entitled to.
How is pain and suffering calculated for an injury?
Pain and suffering encompasses many things but is primarily defined as a disruption to your daily life. It can be physical, mental, emotional, or psychological and may involve the inability to work, enjoy recreational activities, or even comfortably perform daily living activities. In some cases, this disruption can be lifelong.
While there is no set dollar amount or formula for calculating pain and suffering, a personal injury lawyer is equipped to help determine the monetary value of these things so you can receive compensation for not only the physical injuries and rehabilitation, but also for the recovery from trauma or loss of income.
Want to learn more? Contact Kia today for a free consultation.
UNDERSTANDING INSURANCE
How is insurance used in a personal injury claim?
In an accident, insurance is used to cover for injuries or damages. Typically, the victim in the accident will file a claim against the at-fault person’s insurance. The insurance company uses evidence of your injuries and damages through medical records and other documentation to determine how much you should be compensated.
How does a personal injury attorney help with handling insurance claims?
Insurance companies are committed to protecting those they insure. When their insured is at fault for an accident, they will sometimes still work to prove otherwise and minimize the amount they pay out. Having a personal injury lawyer to represent you against an insurance company can help you tackle this hassle and get the payout you deserve.
If someone else is at-fault, can I still file against my own insurance?
You can always file a claim against your own insurance and should always do so if there is concern that you won’t be compensated in a timely manner by the at-fault party. People typically don’t like to file against their own insurance because they don’t want their rates to go up. The reality is that even if rates may increase after the claim, it is still always a good idea to use the coverage you are paying for.
What is personal injury protection (PIP)?
Personal injury protection, often called PIP, is a coverage on auto insurance that provides an immediate medical benefit. It is typically a limit you choose of either $10k or $35k per person injured in your vehicle. One of the biggest perks of PIP is that it is not subject to your chosen insurance deductible, so there is no out-of-pocket cost for you to use it.
What is uninsured motorist coverage (UM)?
In the event you are hit by someone with little or no insurance coverage, you can use uninsured motorist coverage on your own policy, also called UM. Through UM, you can file against your own policy and your insurance company will pay out as if they were covering the at-fault party. This could be the accident as a whole or whatever portion the at-fault party could not cover because of low insurance limits.
What if there is an at-fault insurance policy and I use my own PIP and UM coverage?
If you have an immediate need or the at-fault insurance company is dragging their feet, it can sometimes be beneficial to file against your own policy. This allows you to get the help you need for your injuries and damages. The insurance company will then go after the at-fault party through “subrogation,” which is an attempt to be reimbursed for the money they paid out on behalf of the responsible party.
How does a personal injury attorney help in cases of subrogation?
When there is an at-fault insurance policy, a personal injury attorney will continue to pursue compensation from that insurance company while you use your own insurance. Once a payout is obtained, a negotiation can be made to reimburse your insurance company. Since the personal injury did this subrogation work for them, your insurance company will often accept a reduced reimbursement. Any leftover money will be paid directly to you, which is a great added benefit.
Want to learn more? Contact Kia today for a free consultation.