Frequently Asked Questions (F.A.Q.) from Clients
Over our years of serving personal injury victims, almost every client has asked us some of the same questions. In keeping with our goal of educating our readers, and for the benefit of all of our potential and current clients, below is a list of questions and answers to our most frequently asked questions.
Do you have any further questions for us? Feel free to contact us at any time.
How much does it cost to hire a personal injury lawyer?
We don’t get paid anything if we don’t win a settlement or court verdict for you. That is, our attorney’s fees are based on a percentage of the total recovery we win on your behalf.
Do I have to go to court if I file a claim?
No. Claims only involve you, your attorney, and the insurance company (either the at-fault driver’s or your own). As a matter of fact, a vast majority of cases are resolved without having to file a lawsuit. Even if we do file a lawsuit on your behalf your attendance at court will most likely be limited. Finally, only you, the client, has the choice to decide to file a lawsuit for your case.
In conclusion, a very few number of clients actually see the courtroom.
How long does it take for a typical car accident or other personal injury case to finish?
Most cases should not be closed until the injured person has finished all reasonably required medical treatments and procedures. While we pride ourselves on our efficiency, we will never jeopardize our client’s interests by rushing a case to close early. Full investigation and analysis is crucial to maximizing our clients’ interests to the fullest and this can take longer time in cases that have unique and complicated issues.
If no lawsuit is filed, it is not unusual for a claim to resolve within 7-12 months. If a lawsuit is filed on our client’s behalf, the length of the case will largely depend on how the court (and the judge assigned to the case) assigns mandatory court appearance dates to the case.
We will not rush your case, as doing so will hurt your case. Instead, we maintain an open line of communication so our clients know exactly what is going on with their case at all times. Even if the process feels lengthy (and it most likely will), you will be up to date on every step and always know where you stand, with full confidence that we are doing everything we can to maximize your interests in your case.
Why do you need a lawyer for a car accident and other personal injury types of cases?
If you have been injured in any significant way, and it was due to someone else’s carelessness or intentional misconduct, then you may face many complications in the near future including: (1) outstanding medical bills and required medical treatments, (2) holding the responsible party financially responsible for your losses, (3) finding specialists to deal with any unique injuries you may be facing, (4) communications and demands from insurance companies and their agents, (5) and many other problems that frequently arise in personal injury cases.
Montanez Yu attorneys have dedicated their careers to serving only personal injury victims. This means that each Montanez Yu attorney is experienced to deal with the above issues every single day, to help injured people get over all those problems fast and conveniently.
You, as the injured victim, should only have to be concerned about getting better. Focusing on your health and well-being must be your main focus. Otherwise, no amount of money will ever make you feel whole again. Thus, it is our job as your personal injury attorney to deal with all of the other parties and take responsibility for all of those other issues.
The other driver and/or their insurance representative is saying that I was at fault – what can I do now?
The other driver and their insurance companies and representatives do not have your best interests in mind. It is crucial that after any accident you do not discuss the facts of the case with the other driver because they may try to use this against you to blame you for the accident. Speak to a licensed personal injury attorney here at Montanez Yu and we will take over all communication with everyone, including your own insurance company.
On many occasions, we have reversed insurance company decisions to result in favorable determinations for our clients. We have reversed official police report conclusions with our independently found evidence to result in favorable liability for our clients.
We take cases denied on liability to court and fight for our clients. This is what we do. If you are in the right and there is enough evidence, we will fight for you every step of the way so you can recover what you deserve.
The other driver’s insurance representatives keep calling me and asking me questions and wanting to take my statement – do I have to cooperate?
No, you do not have to cooperate, and you definitely should not give any statement to them. This is how most insurance companies deal with victims of auto accidents – (1) contact them early, (2) get a recorded statement from the injured person before they can find an attorney, and (3) send a low-valued check in exchange for a signed settlement release – a document which, if signed, forever gives up any right to recover any money from the responsible party for the injuries (besides the low-valued check).
This check they offer early on is generally only a fraction of what you are truly owed and this money does not represent the true value of your claim. They are not looking out for your interests, at all.
Don’t get trapped into any of the above. Contact a personal injury attorney, get proper consultation, get the proper medical treatment you need, and make sure that you are properly compensated for your medical bills as well as your general pain and suffering damages. This is your legal right under California law.
