FAQs

If you have been injured in an accident, you likely have many questions on your mind. Among other things, you may want to know how to file a claim, how much your case is worth, and whether you need an attorney to assist you. At Nahon, Saharovich & Trotz, we want to make sure that accident victims and other consumers are educated on their rights and legal options. We believe in empowering ordinary people so that they can get the justice and compensation that they deserve.

Each accident and each claim is unique, but there are some common issues that tend to arise. This page contains general answers to some frequently asked questions in the area of personal injury law. In addition to this basic FAQs page, we have compiled more specific sets of FAQs for certain types of accidents. We invite you to explore them as well, and we urge you to reach out to us immediately if you have follow-up questions. Our firm offers free consultations for any type of accident claim.

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General Person Injury FAQ

Statue of Limitations FAQ

Car Accidents FAQ

Workers Compensation FAQ

Social Security Disability FAQ

City-Specific FAQ

Additional FAQ

General Person Injury FAQ

Statute of Limitation Faqs
Car Accident Faqs
Workers Compensation Faqs
Social Security Disability Faqs
City-Specific Faqs
Additional Faqs

Frequently Asked Questions for Personal Injury Cases

The time following an accident can be hectic and stressful, especially as one incurs costly medical bills and is unable to return to work. If you find yourself recovering from an accident or helping a loved one who suffered harm, one or more of the following topics have likely entered your mind at some point.

GENERAL PERSONAL INJURY FAQS

What Is My Case Worth?

Case value is determined by several factors specific to your unique case and not by a formula that can be applied to all cases. The experienced personal injury attorneys at NST Law can maximize your case value by ensuring all relevant factors receive due consideration.

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Do I Need an Attorney?

If you are asking this question after suffering personal injuries, you are not alone. This is one of the most commonly asked questions among injured victims. Following an accident, the insurance adjuster may seem like he or she has your best interests at heart, assuring you that he or she will “take care of you.” However, it is important to note that an adjuster does not owe you the legal or ethical duties that a personal injury attorney would owe you. Thus, if you have been injured due to someone else’s wrongdoing, such as a car accident, on-the-job injury, negligent security, or medical malpractice, you can benefit by hiring a lawyer whose sole focus is your interests and legal rights.

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Can I Sue the Government for a Personal Injury?

Accidents with government entities happen all the time. However, under the doctrine of sovereign immunity, these entities are generally protected from lawsuits. So what happens when a police officer runs a red light and t-bones you? What if a state-run hospital fails to properly diagnose you, causing irreparable harm to your body? Or what if you are in a United States Postal Office and you fall through a faulty wooden step on a stairwell? These are common questions that injured victims ask. Although local, county, state, and federal governmental entities are generally protected from suit, many of these entities have enacted laws that subject them to suit if the entity itself acted negligently and caused a personal injury to occur.

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Do I Need a Lawyer if the Accident Was Not My Fault?

If you have been involved in a car accident that was not your fault, you may feel that you have a clear-cut case and that you do not need an attorney. However, what seems to be clear-cut can soon turn into a nightmare. What if the insurance company denies your claim? What if they try to place some or all of the blame on you? What if the at-fault party had no insurance? As you can see, what appears to be a simple case can become extremely complicated. Insurance companies are in the business of making money – not spending it. They often fight and do all they can to lessen their degree of liability and the amount of damages they will have to pay.

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STATUTE OF LIMITATIONS FAQS

WHAT IS THE PERSONAL INJURY STATUTE OF LIMITATIONS IN TENNESSEE?

The statute of limitations for personal injury in Tennessee is one year. This means that you have one year from the date of the accident to file a lawsuit against the person or entity responsible for your injuries. A few exceptions exist to this rule, such as if the victim is a minor or if the injury was caused by medical malpractice.

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What Is the Statute of Limitations in Tennessee for a Workers’ Compensation Claim?

All legal claims have strict deadlines known as the statute of limitations. In Tennessee, workers’ compensation is no different. Most employees working and/or hired in Tennessee are subject to Tennessee’s workers’ compensation laws. This mean the appropriate statute of limitation must be complied with in order to obtain benefits under the law, such as medical benefits, temporary total disability benefits, wage benefits, mileage reimbursement, and permanent disability benefits. At Nahon, Saharovich & Trotz, our Tennessee workers’ compensation attorneys understand how to analyze the applicable statute of limitation date and ensure injured workers comply with these important deadlines.

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WHAT IS THE TENNESSEE WRONGFUL DEATH STATUTE OF LIMITATIONS?

The Tennessee statute of limitations for wrongful death cases is one year after the date of the injury that caused the death. The date of injury is not always the same date as the death, and this is an important distinction in the law.

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WHAT IS THE PERSONAL INJURY STATUTE OF LIMITATIONS IN ILLINOIS?

Some statutes of limitations in Illinois only give the plaintiff a year to file a civil lawsuit. Others offer up to ten years. For example, lawyers must file libel and slander cases within one year of the alleged incident. Fraud cases require a filing within five years. For many personal injury lawsuits, Illinois gives plaintiffs two years to initiate legal action, according to 735 ILCS 5/13-202. The statute applies to motor vehicle accidents, product liability, and premises liability.

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WHAT HAPPENS IF I MISS THE DEADLINE TO FILE MY PERSONAL INJURY CLAIM IN MISSOURI?

If you miss your filing deadline for a personal injury claim, the defendant will likely move to dismiss your case, and the court can forever time bar you from receiving compensation. In the case of Love v. Piatchek, No.103690 (November 8, 2016), a family couldn’t pursue compensation for the wrongful death of their son Darrell Williams who was in a car with friends when the police stopped the vehicle with tire spikes. An officer walked to the car, shooting and killing Mr Williams on November 18, 2009.

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WHAT IS THE PERSONAL INJURY STATUTE OF LIMITATIONS IN ARKANSAS?

According to Arkansas Code § 16-56-105, the statute of limitations for personal injury lawsuits is three years from the date of the injury. That is, the clock starts running from the day you were injured. The law defines the relevant action as, “All actions for taking or injuring any goods or chattels,” which includes the following types of incidents:

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WHAT IS THE PERSONAL INJURY STATUTE OF LIMITATIONS IN MISSISSIPPI?

Mississippi Code § 15-1-49 establishes the statute of limitations for personal injury cases at three years from the date of injury or the date when the injury was or should have reasonably been discovered. The three-year statute of limitations applies to a range of personal injury types, including:

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DO WRONGFUL DEATH CASES ALWAYS REQUIRE A LAWSUIT?

In some cases, you may be able to resolve your wrongful death case through an insurance filing rather than through the Mississippi court system. Filing an insurance claim is typically the first step in a wrongful death action. If the insurance company takes responsibility and offers a reasonable settlement, a lawsuit will not be necessary. Insurance companies have their own filing deadlines, which may be sooner than the statute of limitations. Waiting too long to file an insurance claim could prevent you from recovering the compensation your family needs and deserves.

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CAR ACCIDENT FAQS

How Long After a Car Accident Can You Sue?

If you’ve been injured in any kind of motor vehicle accident, you have a limited time to file a lawsuit when a claim is insufficient or the insurance company is rebuffing your efforts to secure a fair settlement. These time limits are normally set by state legislatures and can vary depending on where you live. Being aware of these statutes will protect your right to pursue financial compensation and justice.

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How Long Do You Have to Report an Accident?

If you’ve been involved in a car accident, you probably have a lot of questions. Immediately after the wreck, your biggest concern is likely everyone’s safety. Next, you’re probably wondering if you should call the police or if you have to report the car accident to your insurance company and how long you have to do so.

The laws for reporting accidents to law enforcement vary from state to state. However, your insurance company may have a specified window of time for reporting accidents in order for you to receive coverage. When in doubt, it’s always best to inform your insurance company as soon as you’re able.

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What Happens If You Lose a Car Accident Lawsuit?

Losing a car accident lawsuit is devastating when you face loss of income, overwhelming medical bills, and ongoing medical needs. Fortunately, this is a rare occurrence, and you can take preventive measures.

If you lose a car accident lawsuit, you may be liable for the other party’s damages. This could include medical expenses, lost wages, pain and suffering, and other costs. In some cases, you may also be ordered to pay punitive damages. If you cannot afford to pay the judgment, the other party may be able to garnish your wages, seize your assets, or even file for bankruptcy against you. It is important to speak with an attorney if you have been involved in a car accident, as they can help you understand your legal rights and options.

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What to Do If You Are Hospitalized as a Result of an Accident?

When you drive by the scene of a car accident, don’t be surprised to see an ambulance with paramedics providing medical attention to those involved. Between 2010-2011, an average of 3.9 million people went to the emergency room each year for “motor vehicle traffic injuries,” according to the Centers for Disease Control and Prevention (CDC). The rate of hospitalization was highest for people ages 16-24, followed by ages 25-44, 0-15, 45-64, and 65 and older. Of all auto accident victims that are hospitalized each year, nearly 43% are transported by ambulance. Further, car accident victims are more likely to undergo x-rays and CT scans than people in the emergency room for other reasons.

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What to Do After Being Involved in a Car Accident?

Anyone who operates or rides in a motor vehicle should be prepared with knowledge of what to do in the event of a collision with another car, structure, or fixed object. Of course, health should be a person’s top priority. However, there are additional steps that can be taken at the scene of the crash and added to your checklist.

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WHO IS LIABLE FOR THE CRASH IF THE AT-FAULT PARTY DOES NOT HAVE ANY CAR INSURANCE?

Even if the at-fault party does not have any car insurance, he or she is still liable for any injuries that you have sustained. However, if they do not have any insurance, there is no guarantee that there is any way that you will be able to recover from them. First, they would need to have available funds or sufficient assets they could liquidate to compensate you. Many times, uninsured motorists will not have the means to compensate you for your damages, and even if you get a verdict against them, you may not recover. This is why having your own uninsured motorist coverage can pay dividends.

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HOW CAN A RECORDED STATEMENT BE USED AGAINST ME?

In a car accident recorded statement for the other driver’s insurance company, the questions that are asked are typically meant to undercut a determination of liability on the part of their insured. Insurance adjusters may try to contact you early on in the process, before they think you have had time to hire an attorney and get legal advice. The goal is to catch you off guard so that you may admit partial fault for the auto accident – on the record. Remember, you are making a claim against the insurance company, and their money will ultimately provide compensation for getting your car fixed, medical bills paid, etc. By taking your recorded statement before you hire a lawyer, the other insurance company can seek to limit what they eventually have to pay out.

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WHO MIGHT BE LIABLE FOR MY INJURIES AFTER A CAR ACCIDENT?

Establishing liability in an accident can be a long process. A detailed investigation may be required to determine what caused the accident and who is at fault. Liability may or may not rest with the driver. There are many factors to consider in car accidents, which could point to the liability of the following:

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When Should You Hire an Attorney for a Car Accident?

Car accidents can disrupt your sense of safety and security, jeopardizing your health and well-being in an instant. Motor vehicle crashes kill more than 100 people in the US every day, according to the Centers for Disease Control. In 2019 alone, emergency departments treated 2.5 million people for motor vehicle crash injuries.

If you are in a car accident that causes serious injuries, damages your vehicle, or prevents you from working for a time, you may be eligible for compensation. See a doctor right away if you suspect you are injured. Waiting to see a physician and receive treatment can hinder recovery. Contact a lawyer the day your accident occurs or within a few days. By getting help early on, you can make an informed decision about the necessity of hiring a lawyer, the strength of your claim, and the potential for compensation.

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What Happens If Someone Sues You After a Car Accident?

Figuring out what to do after a car accident can be overwhelming – especially when the other driver sues you. You can expect an investigation into the collision, but even if you’re partially at fault, you may still be able to recover some of your damages. Your settlement could cover medical care, vehicle damage, lost wages, and other expenses related to the incident. But if you’re not careful, your car insurance company may only provide you with the bare minimum.

A lawyer can help determine if you’re receiving fair compensation. The personal injury attorneys at NST Law can investigate the circumstances of your collision and build your case, defending the settlement amount you deserve.

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WORKERS COMPENSATION FAQS

How Do I Maximize My Workers’ Comp Settlement?

If you have a work-related injury or illness, you may be entitled to receive workers’ compensation benefits. Workers’ compensation benefits are intended to provide pay and medical help for those injured on the job.

Getting the most out of your benefits is an important part of making sure you and your family have what you need during the time it takes for you to heal.

SOCIAL SECURITY DISABILITY FAQS

What is The Appeals Process for Social Security Disability?

If you file a claim for Social Security Disability benefits and it’s denied or your benefits are terminated, you can initiate an appeal to have the decision reversed.

Social Security Disability Insurance (SSDI) benefits can make a world of difference if you’ve recently become disabled or been diagnosed with a medical condition that interferes with your ability to work. Unfortunately, not all requests for Social Security disability benefits are approved. If you believe that your claim was wrongfully denied or that you’re entitled to continued benefits, you can appeal the decision.