Frequently Asked Questions
- Stay as calm as possible.
- Check for injuries. Life and health are more important than damage to vehicles. If you feel anything unusual or when in doubt, call an ambulance immediately.
- If the accident seems minor and there are no serious injuries, when possible, move the cars to a safe place, rather than risk being left in moving traffic.
- Turn on hazard lights. If warranted, and possible, use cones, warning triangles or flares for safety.
- Always call the police, even if the accident seems minor.
- Don’t sign any document unless it is for the police.
- Make immediate notes about the accident including the specific damages to all vehicles involved. If the name on the auto registration and/or insurance policy is different from the name of the driver, establish the relationship and jot it down. It is important to get the names and phone numbers of witnesses as well.
- Be polite. Do not accuse the other drivers of being to blame at this time. Everyone is usually shaken up immediately after an accident, and it is wise to state only the facts. Limit your discussion of the accident to the police. Be truthful with the police at all times.
- If you have a cell phone or camera handy, and it is safe to do so, it will be very helpful to photograph the accident scene as well as ALL of the vehicles involved in the accident. Take as many as possible.
- If possible, do not leave the accident scene before the police officers and other drivers do.
- Finally, remember that while getting the facts is very important, investigating the accident should be left to the police officers. Do not admit liability. Let the officer determine who was responsible for the accident and the officer will decide if the other driver caused the crash or may be equally at fault.
- Seek treatment at the emergency room or with your family doctor immediately. A doctor may recognize injuries, sometimes serious ones that are not apparent to you.
- Do not sign anything until you understand the full legal consequences of what you are doing.
- Call a lawyer to understand the legal rights and liabilities as to each driver.
- Never settle your case without speaking to a lawyer first.
- Do not give a statement to an insurance company, without first speaking with an attorney.
Our legal fees come from a percentage of the total amount we recover for you. The percentage varies depending upon the type of case. In some instances, the insurance company may be responsible for some or all of your legal fees in addition to paying you.
Of course, no one ever likes to lose. As aggressive attorneys, we fight for you to win. However, if we are unsuccessful in prosecuting your case, you will not be responsible for any of the costs incurred. You only become responsible for the costs that we advanced if we win your case.
Costs can significantly vary depending upon the complexity of the case. In most cases, costs range from $20,000.00 to $30,000.00. However, for those more complex cases, costs can exceed $75,000.00! These costs are advanced by Jeffrey M. Byrd, P.A. and are not recouped unless we obtain a recovery for you.
Yes! Unlike many law firms, your free consultation at Jeffrey M. Byrd, P.A. is always with an attorney and not with a paralegal or case manager. During your consultation, our trained aggressive attorneys will evaluate your case and give you good legal advice.
Generally, most cases should not be settled until after you have reached what is known as Maximum Medical Improvement, or MMI. This determination is made by your treating physicians and not your attorney. MMI is that point in your treatment when your physician believes you have reached a plateau in the healing process, and he expects you will not improve with further medical treatment. Therefore, it could take anywhere from 4 months to several years depending upon the severity of the injuries, complexity of the case, and the amount of litigation involved before your case is resolved.
There is no scientific method or formula to determine the value of your case. The value of your case depends upon numerous factors such as the severity of your injuries; past, present, and future medical needs; lost wages; etc. After we obtain all the necessary evidence to prove your case and after you have reached MMI, we will negotiate with the insurance company to settle your case. We will advise you of all settlement offers made by the insurance company to settle your case.
A mediation is a conference that takes place prior to trial. The parties appear with their lawyers before an impartial mediator. The role of the mediator is to try to get the parties to reach a settlement. If the parties do not reach a settlement agreement, the case then proceeds to trial.
