accident attorney Archives - Rizio Hamilton & Kane P.C.

When to Hire an Accident Attorney

accident attorney

“I was in an accident.  Do I need an accident attorney?” We hear this question quite a bit.  Here’s what we generally tell all of our clients.

There are a few indicators for whether you would need an attorney. 

First, were you injured? If the answer is yes, then you should hire an accident attorney.  Unfortunately, insurance companies will immediately bombard you with questions to try to disclaim coverage or they will offer a very small amount of money for your “troubles.”  It is important that you protect yourself from the outset.  If things go wrong from the beginning of your possible case, there is not much an attorney can do for you after the fact.  Attorneys cannot turn back time or alter statements after they have been made.  So, it’s best to be proactive. 

Second, do you have property damage? If the answer is yes, then you should hire an attorney.  An accident attorney can help negotiate better property damage value or even help negotiate with vehicle storage facilities.  Sometimes, there is a lag between the accident and the time it takes to get your vehicle fixed.  This lag can lead to excessive storage fees.  Additionally, there can be a dispute as to what damage the accident actually caused to your vehicle and preexisting damage.  It will help to have an attorney on your side, to help you get your car fixed in a timely manner, or to get you full value if your vehicle is a total loss.

Third, how has the accident affected your life? Have you lost time from work? Are you unable to do things that you were able to do before the accident? If the answer to these questions is yes, then you should hire an accident attorney.  An attorney can help you achieve a better overall result for your possible case with these types of damages

Lastly, something important to note: accident attorneys do not charge fees for representation until the conclusion of the case…if they recover money for you.  Essentially, you have nothing to lose, because you pay nothing and owe nothing unless the attorney settles your case or tries your case to verdict.  In this case, your attorney will take a percentage of your recovery as his or her fee.  This percentage is set up front, so you will know exactly what percentage your attorney will take for his or her fee.  If your attorney is unable to settle your case, or if your attorney loses your case at arbitration or trial, you walk away owing nothing.  Accident attorneys know this, and usually only take cases they believe they can win.  There is great risk in taking on a case that has a low chance of recovery.

If you have been in an accident, and would like to talk to an accident attorney, call our toll free number 855-822-6783 for a FREE consultation. 

Rizio, Hamilton & Kane, P.C. toll free 855-822-6783 or local 215-567-1900

Car Accident? Essential Tips When Buying Car Insurance

After a car accident, its too late to change your insurance.  Whatever options you chose before the car accident (in other words, the policy in effect at the time of the accident) will apply to you and your family members, and possibly your passengers.  That being said, buying car insurance is one aspect of life where we all must be proactive.  So, let’s talk about what to look for when choosing insurance.

  1. Tort Option: Limited Tort or Full Tort. 
    • Limited tort insurance costs less, however, it limits your ability to recover for damages related to an accident.  You cannot recover money for your pain and suffering under limited tort insurance unless you breach the threshold of serious impairment of a bodily function or permanent disfigurement.  In other words, you must be seriously injured, which translates into broken bones or worse, in order to recover for pain and suffering under limited tort insurance. 
    • Full tort insurance costs more, however, you will be able to receive compensation for your pain and suffering, regardless of whether you have broken bones or a soft tissue injury.  In plain language, at the end of the day, insurance adjusters immediately look for your tort selection, and if you chose the limited tort option, the insurance adjuster will most likely immediately DENY your claim.
  2. Uninsured and Under Insured Motorist Coverage This coverage is NECESSARY.  And the good news . . . it is very inexpensive.
    • If you are struck by an uninsured driver, which happens all the time, you would need to pursue a claim through your uninsured motorist coverage.  If you do not have uninsured motorist coverage, then you will NOT be able to recover for your injuries.
    • Under insured motorist coverage applies when the person who caused the accident has a low bodily injury coverage amount (generally the standard $15,000).  This happens in virtually all accident cases.  Most people buy the lowest coverage possible, because it is less expensive.  However, when you have broken bones, paralysis, surgery, injections, or other procedures, $15,000 will not adequately compensate you for your injuries.  Therefore, you would pursue an under insured motorist claim with your insurance company.

If you have been in a car accident, and you are not sure about your insurance coverage, call our car accident lawyers today for a FREE and confidential consultation at 855-822-6783 (toll free).  The lawyers at Rizio, Hamilton & Kane will review your policy information and help you chose the right path for you and your possible case.

Rizio, Hamilton & Kane, P.C. is a law firm that has been helping car accident victims receive the compensation they deserve for over 40 years.

TRUCK ACCIDENT? WHAT YOU SHOULD KNOW

According to the U.S. Department of Transportation, 4,136 people died in large truck accidents in 2018. This number does not include injuries, only deaths.  The breakdown of fatalities is as follows:

  • 67% were occupants of cars and other passenger vehicles,
  • 16% of these deaths were truck occupants,
  • 15% were pedestrians, bicyclists or motorcyclists.

There are several common reasons for truck accidents:

  • Truck drivers are spending too much time on the road.  By law, truck drivers cannot drive for more than a specific number of hours.  However, there are times when truck drivers exceed their maximum drive time.
  • Break response time in a truck is not the same as that of a smaller passenger vehicle.  Trucks take longer to come to a stop, and therefore, drivers need anticipate this lag, and be prepared accordingly.
  • Cargo can cause uneven weight distribution and can shift during a drive, causing an off-balance truck, which is more susceptible to crash. 

Passenger vehicle occupants generally fare worse than truck occupants, for obvious reasons.  Small vehicles simply do not weigh enough, are not strong enough and are not large enough to withstand the force of a large truck.  To avoid a truck accident, drive defensively, not aggressively. And during these winter months, try to avoid traveling during stormy conditions when possible.   

Certain accidents however are unavoidable, and it is important to know that there are rules and regulations which govern truck drivers, trucking companies and the insurance policies that apply to them.   

If you or a loved one has been in a truck accident, call our truck accident attorneys for a FREE consultation at 855-822-6783 (toll free) OR use the Contact Us Today pop-up form on the bottom right side of your screen.  The attorneys at Rizio, Hamilton & Kane will be able to advise you about truck accidents, your rights and how to proceed with your possible case.   

Rizio, Hamilton & Kane, P.C.  (855) 822-6783 toll free or local (215) 567-1900

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