What If I Want To Make A Claim For My Injuries?

If the other driver was at fault, you may be entitled to compensation - for your personal injuries, car damage and other expenses ,such as lost wages or the cost of a nurse needed after the accident.  If you had your own insurance at the time of the accident, you may also be able to sue forpain and suffering.  You should make a claim with the other driver's insurance company.  But, if you are not satisfied with the amount they offer, you may want to sue.

If you plan to sue, do not delay.  there are time limits for filing various types of claims - so act quickly.

You, as an individual, generally can file a claim for up to $7,500 in small claims court.  (Businesses and other entities generally cannot sue for more than $5,000.)  A lawyer can't represent you in court, but you can talk with one beforehand.   

If you want to sue for a larger amount, your own lawyer can represent you.  An insurance company lawyer cannot represent you if you are the plaintiff (the person who is suing).

Many lawyers take auto accident cases on a contingency fee basis.  That means you do not pay the lawyer his or her attorney fees if you lose the case.  If you win, you pay the lawyer a percentage of the money you get.  Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to go to trial.

If you and your lawyer agree to a contingency fee, the lawyer must put the agreement in writing and give you a signed copy.  The contract should explain what percentage the lawyer will get if you win and how it might vary.  It also should state who will pay for any court or other costs.