Frequently Asked Questions
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Home > Frequently Asked Questions
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You Have Questions — We Have Answers
Simeone & Miller attorneys are regularly asked many of the same questions. In an effort to help you better understand what we do and how we can help you, we've compiled answers to some of the most frequently-asked questions. Please let us know if you have questions or concerns not addressed here.
Why do I need an attorney?
Three reasons: First, you are far more likely to obtain full compensation with an attorney than on your own. Based on our knowledge of personal injury law and our ability to file a lawsuit on your behalf, we can obtain better settlement offers.
Second, it is much easier for you to leave the work in obtaining a settlement to an attorney. We will identify all of the responsible parties and their insurance companies, set up the necessary claims, monitor the deadlines for each claim, order and follow up on the complete record of medical bills and records for your treatment, locate and contact witnesses, order police reports, and negotiate on your behalf.
Third, we are better equipped to determine if the insurance company is making a fair offer. If you have no experience at litigation, making that determination yourself would be equivalent to guessing. And, well-meaning advice from friends and family can sometimes make matters worse by guiding you in the wrong direction.
What if I've already taken steps independently?
If we determine that a compensation offer you've received is neither fair nor reasonable, we are able to file suit and continue to pursue the recovery to which you are entitled. Accordingly, retaining a good attorney ensures you will obtain the largest recovery, with the least amount of work and with the assurance that your case is being timely and properly pursued.
In fact, our clients include attorneys at some of the largest law firms in the United States and their family members. If anyone would be equipped to handle their own cases, you would think it would be these persons. However, they know that relying on an expert in the personal injury field is the easiest and most likely way to maximize their recovery.
The insurance company said I don't need an attorney — is that true?
Insurance companies often tell people making a claim that they don't need an attorney, that the insurance company is on your side and will be fair to you. Don't forget whom they represent—the person that injured you.
The insurance company has only one goal — paying out as little money as possible in every claim, preferably nothing. Therefore insurance companies tell you that you don't need an attorney because they know it is to their advantage for you not to have one. Being represented by a competant expert is likely to cost them a lot more money.
The best thing to do if you are in doubt as to whether you need an attorney is to contact one who will consult with you for free and without any obligation. You can then make an informed decision. Simeone & Miller offers free consultations and, if you do not need an attorney, we will advise you of that. You have nothing to lose and everything to gain.
Do I have to pay the attorney's fee up front?
No, we generally charge a contingency fee. In other words, you do not pay any money up front and we do not bill you as we work on your case. Instead, you pay an attorneys' fee only if we obtain a recovery on your behalf. If we do not obtain a recovery for you, then there is no legal fee.
This arrangement will allow you to obtain representation without incurring large legal expenses at a time when you're already incurring medical bills and losing time from work. And you have the ultimate protection when it comes to the final settlement in your case. Our interest is the exact same as yours—to maximize your recovery in your case—since our fee is a percentage of the recovery.
What damages am I entitled to recover?
In a personal injury case you are generally entitled to the following damages: (i) past and future medical bills, (ii) past and future lost wages, (iii) compensation for past and future pain, suffering, and inconvenience, (iv) compensation for mental anguish, and (v) compensation for any other expenses proximately caused by the accident or incident that injured you.
Is my case big enough for a lawyer to handle?
This is a decision that is best made in consultation with an attorney. Regardless of whether your case involves personal injury, negligence, product liability, or any other matter, we provide a free initial consultation. Once we discuss the merits of your case with you and we can help you decide whether your matter is large enough to necessitate employing a lawyer. If not, there is no charge for the consultation. In either case, you should first consider if your situation falls into any of the following circumstances :
Do I still have a claim if my health insurance paid my medical bills?
Even if your health insurance paid your medical bills you can still make a claim for the full amount of your medical bills. The responsible party is not entitled to pay less simply because you or your employer paid for your health insurance. Instead, the responsible party is liable for your full damages. Your insurance company may or may not be entitled to recover the amounts it paid on your behalf.
Can my health insurer file a lien against my case?
Very often the terms of your health insurance contract or state or federal law allow for a health insurer to recover its payments to your medical providers from your recovery in a personal injury case. However, this is a complicated area of law and there are several limitations to an insurance company's rights.
Moreover, the health insurer is often required to reduce the amount it receives to account for the attorney's fee you paid in your case. There are some insurers who actually have "super liens." These are liens that can be enforced at any time regardless of whether the insurer put you on notice. Some states, including Virginia, have what are known as "anti-subrogation" statutes that limit or prohibit applies to health insurance liens. However, many health insurers claim exemption from this statute under federal laws.
Again, this is a complicated area of law and is one of the reasons having a personal injury attorney is a the best possible approach.
How do you determine the value of my claim?
We determine the value of your claim after you have finished receiving treatment for your injuries. At that point, a physician can forecast your need for future care, the cost and nature of that future care, and the nature and extent of any permanent injury. At this stage we also have a complete picture of your lost wages, and the pain, suffering, and inconvenience you suffered.
All of these factors are used in the valuing your case. We will consult with our colleagues and review the circumstances of your injuries. We will review the strengths and weaknesses of your case, consider the effect of the case on you and your life, your comfortableness with pursuing litigation, verdicts and settlements in similar cases and our experiences in the jurisdiction in which your case is located. Our pre-litigation team has input on these matters as we develop our strategy. Based on all of this information, we will come to a determination as to the fair value of your case and the best way to proceed with a recovery, which we will then discuss with you.
I don't want to go to court, can you still help me?
Definitely. The vast majority of our clients settle their cases without having to go to court. So, even if you do not wish to go to court, you can still pursue a claim. Plus, even cases that are filed in court often settle before our clients ever have to go to court themselves.
Who brings a claim on behalf of children that are hurt?
Generally the claims of a child are be brought by a legal guardian of the child, usually the mother, father, grandparent or aunt or uncle. In these cases, the guardian usually signs a retainer on their own behalf as well because they are usually responsible for the medical bills of the child. Because a child is not of legal age to contract with medical providers for the provision of services, the parent or next of kin is generally liable for these bills.
Is it possible to sue a government?
Yes. While governments generally have sovereign immunity from suit, this immunity is waived (at least partially) in many instances. Generally, any claim against a government requires that the government be placed on notice of the claim within a certain period of time after the accident or incident. The rationale behind this is that it allows the government's employees to properly investigate the matter. The failure give that notice of a claim may result in your being barred from recovering for the injuries you suffered. So, if you believe you may have a claim against a government — federal, state, or local — it is imperative that you consult with counsel as soon as possible.
Is it possible to sue a county or city?
Much like states, counties and cities can also be immune from certain types of lawsuits. In some circumstances these immunities have been waived to allow for the bringing of a claim for personal injury. However, just as with states, you generally must place the county or city on notice in order to bring an action. Moreover, the failure to place the county or city on notice can result in your being barred from bringing a claim.
I was involved in an automobile accident, what should I do?
If you've been injured in an automobile accident, obtaining compensation for your injuries is more complicated now than ever before. You'll likely face a hostile insurance company, mounting medical bills, missed time from work and, most importantly, the pain and fear of a serious injury to your body. Consequently, there is no substitute for having a lawyer who specializes in motor vehicle accidents on your side, protecting your rights, and serving your best interests. Click here to learn more about how we can help you receive compensation for injuries resulting from your automobile accident.
I may have been a victim of medical malpractice. Can you help?
Medical malpractice is one of those situations where you essentially get one chance to "get it right the first time." In this complex, highly technical field, your success may largely depend on access to a full spectrum of experts who can improve the outcome of your case. You need an experienced, aggressive advocate who will oversee your case and fight for you every step of the way. Click here to learn more about how you can use our success to your advantage when pursingmedical malpractice cases.
My loved one was killed due to negligence. What can you do to help?
There are many roadblocks to overcome in a wrongful death situation and only someone who has been through it before can anticipate the issues that may arise. An experienced advocate will obtain a recovery that not only compensates the victim's estate, but which also serves the interests of justice. Click here to learn more about how we can help you receive compensation for awrongful death.
My baby was born with a serious injury, do I have a case?
You may. An injury at birth is one of life's most tragic and life changing events. Yet the pain and suffering it causes can be eased by an award that compensates you for the full consequences of the injury and its long-term effects. In these highly complex cases, you can only achieve an equitable outcome by retaining an advocate who fully understands this field and who has the experiences and resources necessary to pursue a case to a successful resolution. Our birth injury attorneys develop unimpeachable cases on the basis of medical facts and realistic economic factors. Click here to learn about what steps to take to pursue a case involving abirth injury.
I was hurt by taking a prescription drug, what should I do?
In a case involving product liability or a defective product, there is no substitute for experience. Companies often have a vested interest in maintaining a positive perception of their "brand." Sadly, there are companies who care more about sales than public safety. You must therefore be prepared to deal with the aggressive steps some companies may take to prevent damage to their product's image — which can create negative, adversarial circumstances. An experienced advocate will obtain a recovery that not only compensates you, the victim, but also encourages manufacturers to avoid injuring other people — and that helps to protect all of us. Click here to learn more about how we can help in a case involvingproduct liability.
I injured my spine when I fell down slippery steps, can you help?
If you've been injured as a result of slipping and falling, and you believe that negligence, carelessness or other circumstances were contributing factors, you may have a case. If so, then there are several things you can do immediately, not only to protect your rights, but also to lay evidentiary groundwork to help us review and evaluate your case. Click here to learn more about how we can help you receive compensation for injuries resulting from a slip and fall.
I was injured through someone else's carelessness, what should I do?
The first and most important step is to contact us. Simeone & Miller has an aggressive team of advocates who will fight for your rights and see to it that you get justice. We will thoroughly review the circumstances of your injury to determine if you have any potential claims. If we find that you do have a case, we will put the resources of the entire firm behind the effort of obtaining the justice you deserve. Just because your case may be unusual, doesn't mean you should not call us for a free consultation. Click here to learn more about how we will help you seek justice and resolve your personal injury case.
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