Vermont Personal Injury Law: FAQs

WHAT IS THIS GOING TO COST ME?

At Brady / Donahue, we're committed to providing clients with the counsel and support to deliver affordable justice to all injury victims. For all of our prospective clients, we offer the following:

1. A Free Initial Consultation. Every prospective client is entitled to a free initial consultation with someone from our firm without any kind of charge or obligation. 
2. We also work on a contingency fee basis, which means you “Don’t Pay Until You Win.”

DO I HAVE A LEGAL CLAIM?

The first thing that many people wonder when they are hurt in an accident at work, in an automobile or anywhere outside the home is if they have a legal claim.  An experienced Vermont / New Hampshire personal injury attorney can analyze the specific facts of your case and counsel you regarding who might be at fault and whether they can be held legally accountable, in full or in part, for the harm caused.

CAN I HANDLE THE CASE ON MY OWN? DO I REALLY NEED A PERSONAL INJURY ATTORNEY?

Following an accident it is understandable for you to want to settle the matter quickly and move on with your life.  As a result, you may be tempted to try to take care of all issues—including legal issues—without getting professional representation by someone proficient in Vermont’s and New Hampshire’s personal injury laws.  However, there are risks to going it alone.  There may be insurance coverage available for medical bills even if there are no resources available to pay for the pain and suffering.  There may be other potentially responsible parties.  An aggressive personal injury attorney can effectively negotiate discounted reimbursements to insurers and medical providers.  In short, contacting a Vermont and New Hampshire personal injury attorney increases the chances that you will maximize your financial recovery.  Did you know that Vermont and New Hampshire law requires the insurer to disclose to you, upon request, the full amount of available coverage?   Did you know that certain types of claims, for example many work-related injuries, require the action to be filed with the Vermont and New Hampshire Departments of Labor?  Do you know your legal rights regarding your claims communications with the insurance company? Whether you must consent to a tape recorded statement?  Whether if you have a pre-existing injury, prior driving accidents or tickets, or a criminal record, if these issues help or hurt your claim? Do you have experience with other cases to know what your case is worth ? Do you know what you must do to pursue your claim if the insurer offers nothing or too little?  An experienced Vermont / New Hampshire injury lawyer knows the answers to these questions and will fight for your rights on these and other issues.

WHAT'S MY CASE WORTH?

It is impossible to make generalizations about the value of any case without knowing the details of the harm caused and the manner in which it was caused.  One of the most important jobs that your attorney will perform is leaving no stone unturned when it comes to detailing all possible losses that will translate into a legal recovery.  Vermont and New Hampshire personal injury laws allow recovery for a wide range of situations, many of which may not be readily apparent to the injured party.  This includes past medical bills, future medical and rehabilitation costs, therapy, lost past wages, lost future income, pain and suffering, and more.  In workers’ compensation claims, both Vermont and New Hampshire provide for a set number of benefits that progress from the time of injury through the time of recovery.  Each class of benefits presents an opportunity for maximization of your overall recovery.  The amount you will recover is dependent on the facts of your case and the skill of the Vermont / New Hampshire personal injury attorneys who accompany you throughout the process.  Did you know that you have a claim for the way in which your spouse’s injuries have impacted you even though you yourself may not have been injured?

WHAT TO DO AFTER A CAR ACCIDENT?

When a motor vehicle accident you may be disoriented, shaken, and confused.  However, in the aftermath of an accident it is important to obtain crucial information.  A helpful way to remind yourself what to do after a car accident is to keep a checklist of phone numbers to call and questions to ask along with your insurance information in your glove compartment or center console.  You should note key facts regarding the time of day, the weather conditions, the parties involved, statements made by the police and other witnesses, as soon as possible so that you will remember this information later.  Did you know Vermont law requires you to file an accident report within 72 hours of the collision?  You may wish to seek assistance from an experienced Vermont / New Hampshire personal injury lawyer before you complete this report.

HOW DO I HANDLE INSURANCE ADJUSTERS?

When accidents occur, it is common for an insurance company to ask you to make a recorded statement with an insurance adjuster. It is never wise to do so without having first consulted your Vermont / New Hampshire personal injury attorney. If you decide to do so without an attorney’s advice, you should keep a few facts in mind.  First, insurance adjusters can sometimes discretely influence you into saying something that would insulate their company from liability, or to limit your claims. Two, any recorded statements you make to an insurance adjuster might be used against you in related litigation as the law often times requires that statements made to an insurance company be shared with the opposition during pre-trial discovery, either before or after a deposition.  Your attorneys will no doubt argue that these statements are “work product” and privileged, however, this argument oftentimes will not be successful in preventing opposing counsel from obtaining the statements.  As a result, not consulting an attorney expert in Vermont and New Hampshire personal injury laws before talking to an insurance adjuster could end up being very costly to you.

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