Personal Injury FAQ
The information provided below is intended to provide quick answers to common questions and should not be considered legal advice. To address your particular situation, contact The Law Office of Michael D. Kaydouh.
What is your experience in litigation involving personal injury cases?
Mr. Kaydouh has more than 36 years of experience in personal injury cases. Each case is unique. If a case has to go to trial, we can take it to trial; however, in some cases a client may elect to settle out of court.
How much money is my case worth?
If it’s clear who is at fault, the value of a case is based on six factors where a plaintiff can claim damages:
- Past medical bills
- Future medical bills
- Past lost wages
- Loss of earning capacity in the future
- Pain and suffering
- Permanent disablility
No formula exists to determine the worth of a case. Based on our experience, once all medical records and bills have been obtained and the status of the patient has been assessed, a range of value can be determined. Even with this level of information, it’s still difficult to determine an exact value.
I have just been in an automobile accident. Who is responsible for my hospital bills and loss of income?
Assuming the other party has insurance, the other driver’s insurance company will be responsible. You also have rights against your insurance company and separate medical insurance through either your employer or personal insurance policy.
My employment health insurance has paid most of my bills and now they want to be reimbursed. Do I have to pay them back?
That all depends on whether your employer-provided insurance is ERISA based and whether or not that policy is an employer or employee funded policy, or whether or not the employer has purchased separate insurance through a regular insurance company to pay its employees health claims.
The other driver was drunk. Do I have a right to only be paid for my pain and suffering and medical bills and other damages, or can I claim punitive damages?
Yes, but this depends on the specific circumstances of the drunk driver’s driving and intoxication under Virginia law.
I have been in a serious accident, and an insurance company representative has come into my hospital room and is encouraging me to sign papers pertaining to them paying certain expenses for me. Should I sign these?
Absolutely not! Don’t sign anything. Contact The Law Office of Michael D. Kaydouh immediately to find out why the insurance agent visited your room and what the papers are for.
I have been home from the hospital now for a week and an agent from the insurance company has come to my home to talk to me about my case and is seeking to tape record my answers. Should I permit him to do this?
Absolutely not! Tell him to leave and call The Law Office of Michael D. Kaydouh immediately.
I have already proceeded with sending the bills from the accident to my own insurance company, which now wishes to take a recorded statement. Should I do this?
You should first call The Law Office of Michael D. Kaydouh to discuss your case and to compose a detailed account of the information you need to tell your insurance company.
I was injured at work through the negligence of a third party who doesn't work for my employer. Do I have a claim against the third party, as well as a worker's compensation claim?
If the other person did not work for your employer and was a third party, you very well may have a claim against him, as well as a worker's compensation claim.
The insurance through my employer states that it has a valid lien against the recovery from the person who hit my car. Do I have to pay them dollar for dollar, assuming it is a valid lien?
Not necessarily. The amount can still be negotiated down even though it’s a valid lien. Call The Law Office of Michael D. Kaydouh to find out how.
I have been in an accident, and at the time of the accident I was not feeling any pain. Now that it is the next day, I have terrible pain in my back and neck. Should I go to the doctor now or wait until things sort themselves out?
If you are having pain, you should immediately call your physician or go to an emergency room. Otherwise, the insurance company will attempt to deny your injuries.
The insurance company for the other driver wants me to sign a release to obtain all my medical records. Should I sign this?
Absolutely not. Once you have completed treatment, your attorney should prepare a package containing your medical records and present it to the insurance company.
The insurance company has asked for a release pertaining to my medical history prior to this accident. Should I provide this?
Absolutely not. At this point in the process, your previous medical history is none of their business, and it may very well constitute an invasion of your privacy.
The other driver has offered to settle this case with me on his own and does not want to involve the police or the insurance companies. Should I accept his payment now, even though I am in pain?
Absolutely not! In order to make a proper and accurate claim, your injuries and the accident that caused them needs to be properly documented.
The insurance company for the other driver has said that if I do not take their small offer, they will never offer me anything again. What should I do?
Call The Law Office of Michael D. Kaydouh immediately and allow us to investigate your case, then prepare and file a proper claim on your behalf.
Another driver hit my car and drove away. I do not know who they were or any information about them. Am I allowed to make a claim?
You certainly are. Under the uninsured motorist portion of your policy, you have a right to sue.
My automobile accident occurred in Maryland, but the other driver lives here. Where can I file a lawsuit?
You can file a lawsuit in Maryland, where the accident occurred, or in Virginia, where the other driver resides.
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