Though the questions related to a personal injury case are generally based on the negligence of another are varied, there are common questions to which everyone should know the answers. Below are some answers to frequently asked questions. If you don’t see your question answered here, you can email us directly through this website. You will receive a response in under twenty-four hours. If your need is more urgent, please contact immediately at 901-475-7500. For more information, go to our Contact Us page. One of our skilled, professional and caring attorneys will be in touch with you after reviewing your claim.

Frequently Asked Personal Injury Questions

These frequently asked questions are primarily concerning injury victims of auto accidents, truck accidents, and victims of medical malpractice. If your question is not addressed on this page, or if you still have a question about your personal injury case, click here and we will have a response for you as soon as possible.

What type of case is a personal injury case?

“Personal injury” is a broad term that means any kind of accident that leads to bodily injury. We represent only personal injury clients who have suffered an injury in the following instances: auto accidents, injuries to children, motorcycle accidents, trucking accidents, wrongful death, premises liability, dog bite and animal attack, burn injuries and workers’ compensation, and workplace injuries cases.

Other areas in which we have experience include: medical malpractice, birth injury, nursing home abuse, product liability, denial of insurance benefits, employment discrimination claims, Social Security claims and general negligence. It is our goal as your attorney to maximize the benefits of our experience to get the best results for our injured clients. We also have great familiarity with the insurance companies’ injury attorneys and insurance adjusters and have developed a reputation with them as personal injury attorneys who will ethically and professionally fight the insurance companies at every turn. We are not afraid of litigation, and the insurance companies understand that we are not just bluffing during settlement negotiations about our willingness to go to trial. Accordingly, this focus, reputation and concentration allow us to put our clients in the best position to achieve fair compensation for their injuries.

Back to the top

I have been injured in an accident or believe a doctor has committed medical malpractice. How do I know if I have a claim?

To recover damages as a result of an accident or medical malpractice, you must have suffered an injury to your person as the result of someone else’s negligence. In simple terms, the person, doctor or company who caused the harm must be at fault for your accident.

Back to the top

If I was injured in an accident that was from the fault of someone else, how are my damages calculated?

Damages in a personal injury case consist of three primary categories: medical bills, lost wages, and pain and suffering (almost always the largest component). These damages obviously vary on a case-by-case basis. Additionally, other factors such as property damage and prior injuries will assist in determining the ultimate amount of final settlement or verdict. The money received from settlement or verdict is intended to restore your loss. Click here for our assistance in evaluating the damages involved in your claim.

Back to the top

How much is my case worth?

It is almost impossible to predict the value of any case, especially a trial verdict, and we certainly cannot guarantee any outcome (our rules of ethics prohibit us from doing so). As your attorney, we can only give you a general idea of the value of your case based on our experience, and prior cases that we have handled with similar injuries. No attorney will be able to predict the specific amount you will receive, and if they try to tell you they can, you should be extremely leery because they are not being honest with you. That said, we generally are able to give our clients a settlement range that they can reasonably expect after we have reviewed the client’s personal injury case.

The value of your claim can be more difficult to predict in the event of a trial. In many instances your case will be valued by a jury. This pool of 8-12 people will make a determination on the value of your claim, based on evidence they will hear during trial. Each juror will form their own opinion on the value of your case, and for that reason, the value range will widely vary among different jurors. You need to discuss with your attorney any specific facts regarding your case. You should talk about the extent of your property damage, your physical injuries, time off of work, any impact your injuries have on your future ability to function in work and at home, and pain and suffering. This discussion should also include any liability issues, the amount of insurance available, and issues that may concern your attorney at trial. Click here for our assistance in determining the value of your claim.

Back to the top

What if I am hit by a driver who flees the scene of the accident?

Do not leave the scene of the accident before the police arrive. Be sure you tell the police officer exactly what happened, especially if your car did not physically come in contact with another vehicle (ie, a car came in your lane, and you swerve off the road to avoid the collision). You may still recover damages for your injuries if another driver is determined to be at fault, and you have an Uninsured Motorist Policy.

Back to the top

Will I have to go to court?

It is ultimately your decision whether or not your case will go through the litigation process. If there is not a settlement offer, and your attorney is confident that another party is responsible for your damages, then we will obviously want to file suit to pursue your claim.

Alternatively, should there be a settlement offer presented by the insurance company, the choice can become more complicated. You will need to discuss with your attorney the many factors of your case that may have a positive or negative impact on your claim at trial, and discuss financial costs of trial as well. The majority of our clients receive reasonable offers to settle before trial. With so many factors involved, it is extremely difficult to predict whether a particular case will be settled or go to trial.

Back to the top

How much of my time will this take?

We will not begin settlement negotiations until you have completed your medical treatment or you have reached your maximum medical improvement (i.e., the best you are going to get). Once this happens, settlement and negotiations require very little of your time. Should your case go into litigation, more time is required of you, however it is still minimal unless your case actually goes to trial. The final trial preparation process requires a larger time commitment if your injuries are severe. The reason so little time is required of you through the process is because you have hired us to assist you in the handling of your claim. We want you to focus your attention on healing your body and let us focus our attention on the insurance company and getting you the maximum compensation available for your claim.

Back to the top

How long do I have to bring a case?

You must file your claim within the applicable statute of limitations in the state in which you are injured. The statute of limitations is a fixed period of time dictated by the law in which to bring your claim. Click here for a case evaluation and for an attorney to contact you and discuss your applicable time limit in which to bring your claim.

Back to the top

Will I hurt the person I am suing by bringing a personal injury claim?

Most individuals are concerned that they will hurt the negligent party by bringing a claim for their injuries in court. There are very few claims that are pursued by an attorney that involve a personal payment by a negligent party. The majority of all cases are handled and paid for by the insurance company of the negligent party.

Back to the top

What is Uninsured/Underinsured motorist coverage and do I have it?

Uninsured/Underinsured motorist coverage is a type of insurance that basically covers your accident just as liability insurance provides compensation to the people you may injure through your negligent driving. Uninsured/Underinsured motorist coverage has two categories: (1) Uninsured: the at-fault driver has no liability insurance; and (2) Underinsured: where the at-fault driver has insufficient liability insurance limits (at-fault driver’s policy limits are lower than the limits of your underinsured motorist coverage). This coverage typically extends to family members who live with you and anyone who is injured in your vehicle.

The Uninsured/Underinsured motorist coverage is typically available for a fraction of what your initial policy cost. Please contact your insurance agent to insure that you and your family are adequately protected through an Uninsured/Underinsured Motorist Policy.

Back to the top

Do I still have a claim if my medical bills were paid by insurance?

Typically, you are entitled to recover compensation for the full amount of your medical bills, regardless of whether or not they have been paid by alternate means. You may be required to repay your health insurance provider for any claim that they paid on your behalf as a result of the accident. Additionally, if you miss work, you can collect your lost wages even if your company pays your time away from work.

Back to the top

How long will it take for me to receive a financial recovery in my case?

The length of your case will depend on a wide variety of factors. What our office can promise you is that we will work consistently and efficiently to assure you that we are moving your case towards financial recovery as quickly as possible. We will not be the cause of any unnecessary delays.

Most cases will not be ready for settlement until the client has completed their medical treatment or has reached their maximum medical improvement (i.e., the best you are going to get). It will take us a brief time period (generally 2-4 weeks) to collect any outstanding medical bills and records. After all records and bills have been collected, a demand package is sent to the insurance company to evaluate for settlement. We typically receive a response from the insurance company within 14 days. If no offer is received, we recommend filing a lawsuit.
Your claim against the insurance company is a passionate fight for us, working diligently to obtain the maximum amount of compensation for your injuries, in the shortest time frame possible.

Back to the top

Do your attorneys handle claims involving an 18-wheeler?

Yes. Although trucking claims are similar to auto accident cases, there are many more issues involved in protecting a client who has been injured in an accident involving a commercial vehicle. There are federal regulations concerning the trucking industry, and these regulations cover the operation and maintenance of trucks. Accordingly, plaintiffs’ attorneys can have access to a wealth of information about the truck driver and his vehicle, if the attorney is competent in this area of law, and requests this information within a certain time frame. For example, most commercial vehicles carry “black boxes.” These boxes often measure certain actions of the vehicle that assist experts in reconstructing how the accident occurred. It is imperative to associate an attorney on your trucking claim as soon as possible after your injury in order to preserve any and all crucial information regarding your claim.

In addition to the driver of a commercial vehicle being at fault, your attorney must also determine/consider whether the company who hired the driver is also responsible for the actions of its driver. The company may have a negligent hiring process, or may fail to properly train its employee. Click here to consult with us today if you have been injured in a trucking accident. Timing is crucial – do not delay!

Back to the top

Can you recommend a doctor to me to treat me for my injuries?

It is our preference that a client seek treatment from their personal healthcare providers (or request a referral from them). However, if you do not have health insurance and your provider requires upfront payment, we can provide you with suggestions of quality healthcare providers in your area. These providers will see you on a lien basis, and payment will be required upon settlement of or payment on your claim.

Back to the top

I am feeling better but I am still hurt. Should I continue to receive medical treatment for my injuries?

This is a question that should be answered by your healthcare provider.


Welcome to The Porter Law Firm, PLLC, a Memphis, Tennessee-based law firm dedicated to protecting injured victims and their families after a serious injury or death.


Disclaimer   |   Copyright © 2017 The Porter Law Firm, PLLC
The Porter Law Firm, PLLC5356 Estate Office Dr. Suite 3
Memphis, TN 38119
901-475-7500