Frequently Asked Questions
How much will it cost to hire Tabas & Rosen?
Some lawyers work on an hourly rate; others, including Tabas & Rosen, do not charge on an hourly basis in accident cases. Instead, we charge a contingent fee. Although costs of litigation are extra, it costs nothing up front to hire the law firm and we are compensated only if we are successful in recovering for you. Regardless of the time we put into a case, if we do not recover for you, you will not have to pay us attorney's fees.
What is my case worth?
There is no standard value for what an injury is worth. Rather each case is unique and must be valued individually. Factors that affect the value of a case include the nature and extent of the injuries, the length of treatment and recovery time, lost wages, whether there is a permanent impairment, whether there is comparative fault, and whether punitive damages are appropriate.
Will you give me a preliminary evaluation before you are retained?
At no charge, we will be glad to give you a preliminary evaluation regarding liability and damages. However, such an evaluation is somewhat limited in that as the case develops, we will become more aware of additional facts.
How long will it take to resolve my case?
The answer to this question depends greatly on the injuries and amount of treatment necessary for you to heal. In exchange for settling with an insurance company a plaintiff must sign a "release" or paper that states they will no longer attempt to recover money from the insurance company or defendant. It is important to be certain of your injuries and necessary treatment before signing the release. Resolving a case prematurely often results in a smaller recovery.
How long do I have to take legal action?
The amount of time you have to file a lawsuit depends greatly on the facts of your case. Sometimes action must be taken immediately while in other situations there may be years to take legal action.
Failure to file a lawsuit within the time specified by the statute of limitations may result in your ability to recover damages being lost forever.
When should I contact a lawyer?
If you are planning on pursuing a case, or wish to discuss it, it is important to contact a lawyer immediately. Although it may seem as if there is plenty of time before a lawsuit must be filed, there are other reasons to begin working on your case quickly. Depending on your case, there may be crucial deadlines that pass only ninety days from the date of your injury or accident.
In addition, our attorneys may need to take action within days of an accident to protect your case. It may be necessary to act fast in order to preserve important evidence, locate a witness, or investigate the scene of the accident or injury.
Should I be talking with an insurance adjuster before I contact a lawyer?
No. Many insurance adjusters are trying to reduce the amount of money they must pay to resolve your case. Occasionally an adjuster will ask to speak with you about your case and may attempt to record your conversation. Such statements with adjusters may be used against you in the future.
If you would like to speak with an adjuster, one of our attorneys will discuss with you how to handle such statements, what to avoid and appropriate cautions.
How can I get medical attention if I don't have insurance?
If you have medical insurance, it is best to use it to get medical attention. However, if you have no medical insurance there still may be ways of getting looked at by a doctor. If you were involved in an automobile accident and have car insurance, check with your insurance agent to see if your policy has "medical coverage." Such coverage pays for you doctor bills up to a specified amount and may enable you to get medical attention quickly.
Similarly, depending on how you were injured, there may be other insurance policies in effect that would cover the cost of your medical care. If necessary our attorneys can also recommend reputable doctors who may be able to see you in absence of insurance. The physician will waive payment until the case is settled. You can contact our office and we will discuss the best options for getting you the medical attention you need.
What should I tell the doctor when I am seen?
It is important to be truthful and honest with your doctor. You should describe all symptoms even if you feel they may be insignificant.
It is also important to remember not to exaggerate and contrive symptoms. Such exaggeration not only will make it more difficult for the doctor to diagnose your injuries, but will also have a harmful effect on your case and may even be considered fraud.
What damages am I entitled to?
The nature of your recovery depends on the facts of your case. Common damages which you might be entitled to receive are past medical bills, future medical bills, permanent impairment, pain and suffering, lost wages, disfigurement, loss of consortium and loss of enjoyment of life.
In addition, depending on how your injuries occurred you may be entitled to punitive damages.
Can victims of crimes recover damages?
Yes, drive-by shootings are, surprisingly, often covered by uninsured motorist coverage; victims of other crimes should consider legal action if the perpetrator has insurance or significant assets.