Frequently Asked Questions - Flickinger and Sutterfield

Insurance companies have one concern ...money. They will have lawyers working hard on their side so they can pay out as little as possible. You'll need to have an attorney working on your side to get what you deserve. Not just any attorney will do, you need one who limits their profession to personal injury law. The law is very complex and attorneys who just "dabble" in personal injury can easily miss key issues that can have dire and devastating consequences. Your injury will be hard enough to deal with, having an expert attorney on your side will give you the peace of mind you need to recover and be with your family. Let us deal with legal issues, insurance companies, time limits, etc. Insurance companies have lawyers working for them; you should too!

Should You See A Doctor?

Your health should be your main priority. Life can be very fragile and even though you might feel fine after an incident you may be seriously injured. It is better to be safe than sorry, and catching a problem in its' early stages can speed the recovery process. Also follow your doctor's advice, if you are unsure about your care, get a second opinion. Our main concern is your well being, we are here to help, feel free to call us with questions you might have. It can be very difficult to know what you should do to resolve your injuries and how insurance companies will react to your doctor bills. We have helped thousands of injured people, let the benefit of our experience take the load off of your shoulders so you can concentrate on recovering your health.

What Evidence Of Personal Injury Is Necessary?

Photographs are very important, document and photograph all injuries and damages as soon as possible. Also it is helpful if you can provide names, addresses, and phone numbers of witnesses to your personal injury. Keep an accurate record of your out-of-pocket losses from your injury, such as medical bills and lost wages. The insurance companies will need documentation of all medical treatment, billings and lost income.

What Should I Do About The Insurance Companies Involved In My Personal Injury Claim?

Use caution. Your insurance company and the insurance company of the person at fault will want information for different reasons. We can help prevent the insurance companies from twisting the information for their benefit. You are required to notify your own insurance company of the incident and cooperate with them to get some medical and wage loss benefits. At Flickinger and Sutterfield we can help you receive these. Also your insurance company may want to interview you to decide eligibility for benefits, its important to consult with us beforehand and make sure that the interview is conducted in our presence so we can protect you.

How Much Is My Personal Injury Claim Worth?

The answer to this question can be very complex. The main determining factors are the extent of the injury, the time of the recovery process, and the identity of the defendant and their insurance limits. Careful evaluation of your personal injury is the only way to really answer how much your claim is worth.

Is My Personal Injury Case Confidential?

What you tell us will stay with us. At Flickinger and Sutterfield we respect you and your privacy.

How Do I Hire Your Firm?

We like to meet face to face with you to discuss the details of your injury claim so we can make a better evaluation of your case and situation. This meeting usually follows a short phone call to initially discuss the case with an attorney (not a paralegal). We will ask you some general questions about your potential personal injury claim so we can decide if a free consultation would be of help to you.

Call personal injury and medical malpractice lawyers at Flickinger & Sutterfield to schedule this initial meeting, which typically will take less than one hour. The meeting is free, even if the case is not one we recommend that you pursue.

If it is recommended that the case should be pursued then we would ask you to go over a few medical release forms with us and sign them. This will allow us to gather the important medical information pertaining to the incident and will allow us to better investigate and evaluate your personal injury claim.

You are the one that matters. If you feel that you may have a personal injury claim, even if you think it is minor, you should have the matter initially reviewed by legal counsel at Flickinger & Sutterfield as soon as possible. This way whatever decision you make, whether it be to pursue your personal injury claim, or not, you can feel confident that your decision was not made blindly.

How Long Will My Personal Injury Case Take?

Because every case is different there is no open box answer to this. Personal injury cases may settle after a few months or take years to complete. Rushing into a settlement can have disastrous results. Careful evaluation is needed to determine if injuries will not become a problem in the future, you don't want to settle then end up with mountains of medical bills after a few years of unexpected issues with your personal injury.

How Long Will It Take To Settle My Personal Injury Claim?

There is no time when a personal injury case ought to be settled. It varies from case to case. However, we will keep the doors of communication open so you will know where we are at in the process.

Is It Ethical, Legal, Or Moral To Sue?

The law is here to protect all persons, including those who have been injured and those whose actions have harmed others. The individuals responsible for causing your injuries will have lawyers helping them, whether it is a business or insurance company, and they will
aggressively seek their own interests, even if it means at you cost. You
have rights that need to be protected and you need someone helping you to
protect them. Just as there are cases that we all would agree should not
be brought, there are those cases that are justified; those cases can and
should be brought. Discussing this matter in a private consultation with
Flickinger & Sutterfield will help you make your personal decision concerning the right thing
to do.

Will I Still Be Able To Receive Medical Care And Treatment For My Family And Myself If I File A Personal Injury Claim Against A Doctor Or Hospital?

Yes, and if you are ever refused treatment let us know promptly.

What is uninsured or underinsured motorist coverage?

Uninsured or underinsured motorist coverage (UM coverage) pays for your injuries if you are struck by a hit-and-run driver or by someone who does not have adequate insurance -- either because they have no coverage or because they do not have enough coverage -- to pay for your injuries. Normally, this type of coverage is limited to bodily injury, and it will not pay for damage to your vehicle or for other types of property damage. To get that kind of coverage, you will have to add collision coverage to your policy.

Who is usually included in my uninsured/underinsured motorist coverage?

Most UM coverage will pay up to your policy's UM limits for injuries caused to: you or a relative who lives with you, while a driver or passenger in the vehicle named in your UM insurance policy or any other vehicle, or while a pedestrian, anyone else driving your insured vehicle with your permission, and anyone else riding in the vehicle named in your insurance policy, or in any other vehicle you are driving but which you do not own.

What are the limits on my ability to collect under an uninsured/underinsured motorist provision?

UM coverage usually limits your ability to collect, and the amount you receive as follows: If your accident involves a hit-and-run driver, you must notify the police within 24 hours of the accident. If your accident involves a hit-and-run driver, the driver's car must have actually hit you ( being forced off the road by a driver who disappears is not sufficient). Your UM coverage will be reduced by any amounts you receive under other insurance coverage, like your personal medical insurance or workers' compensation coverage. If you or a relative are injured by an uninsured motorist while you are in someone else's car, your UM coverage will kick in after the UM coverage of that other car's owner.

What is a Personal Injury Case & how long will it take for my case to settle?

A personal injury is any type of situation where a person has been injured or killed due to someone else’s carelessness. Each case is unique so the time it takes to settle depends on the cooperation of insurance companies, learning all the facts of injury and so on. We highly caution personal injury victims to be careful of accepting a quick settlement as there can be complications to your injury that aren't immediately present.

What about harmful products, medical malpractice & slip and fall cases?

Whenever you are hurt by anyone’s negligence, including that of a doctor, a builder, a manufacturer or a store merchant, you have a personal injury claim. Products liability (injury by harmful product), medical malpractice (injury by a doctor, hospital or other healthcare provider), slip and fall (injury because someone did not take care of the walkway) are all types of personal injury cases.

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Do I really need an attorney to settle my case?

The decision is yours, however we are here to help you make an informed decision.

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How do I find a qualified Personal Injury Attorney?

Choosing an attorney to represent you is an important task. Your decision should not be made on the basis of advertising alone. The Yellow Pages are full of attorney ads. In particular, we believe that experience is very important. Flickinger & Sutterfield has been handling personal injury claims for over 65 years. We do not handle bankruptcy, divorce or criminal cases. We handle personal injury claims only. Our attorneys on staff have been with our firm for over 15 years and a few over 20 years. They are active in their communities and they are trained in this area of law. When you bring your case to Flickinger & Sutterfield your case will be assigned to a “team”. This team will gather all the facts and learn everything we can possibly learn about your claim. This team will work hard for you to bring your case to a favorable conclusion.

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How Important Is Experience?

Knowledge without experience can be as good as no knowledge at all. Our attorneys are trained in personal injury law and that is all we do. We have been doing this for over 65 years, and the longer you have been practicing in a particular area of the law, the more knowledgeable and experienced you become. Reading a text book on how to fish doesn't make up for years on the water.

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What can I expect of Flickinger & Sutterfield in a personal injury case?

Nothing but the best. We are dedicated to you, and your well being is our main concern.
A personal injury is bad enough without having to worry about legal matters. We will do what we can to let you recover with peace of mind knowing that you are well taken care of.

What is ERISA?

The Employee Retirement Income Security Act of 1974 , commonly known as ERISA, is a United States federal statute which sets minimum standards for pension plans in private industry and provides for extensive rules on Federal income tax effects of dealings in connection with various employee benefit plans. ERISA was enacted to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts.

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Are There Any Issues That Can Sink my Case & what is my role?

Lack of honesty. Not being honest will sink your case faster than anything else. Be up front and honest with us so the opposition has no chance to destroy your credibility.

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Can I sue in Small Claims Court?

Small Claims Court is designed to handle cases where the amount of the dispute is $5,000 or less. We highly recommend that you talk with an attorney before making this decision because if you file in small claims court on the property damage you may be prevented from pursuing a personal injury claim in a separate lawsuit.

How much insurance do I need?

You should have enough liability insurance to protect others from any damage or injuries that you may cause. $100,000 per person/$300,000 per accident is typically recommended. Uninsured and under-insured motorist coverage is also recommended to protect you from other drivers that have no/limited coverage. Also Personal Injury Protection can help pay for medical costs, lost wages, and essential services regardless of fault.

After an accident, what should I do first?

After an accident you should call the police to investigate. Get treatment for your injury as soon as possible so you can speed your recovery process. Contact your insurance company to inform them of the accident and if you have the right coverage they can help you with your initial out-of-pocket expenses. Don't wait to seek legal help at Flickinger and Sutterfield we can help you avoid insurance company tactics to impede your ability to get the compensation you need.

How do I know if I have a good claim?

If you were injured and it was not your fault, it's likely that you have a good claim. We are happy to answer questions for you and give you a free evaluation of your personal injury claim.

Why should I hire an attorney to help me with my case?

Insurance companies don't make their way to Fortune 500 by serving your best interest. They make the claim process so complicated that you will want to settle without fair compensation to avoid them. At Flickinger and Sutterfield we step up to the plate for you we have experience dealing with the curve balls they put into their policies. We understand your rights and won't let the insurance companies take them away from you with some fancy wording.

What if the insurance company is already making me an offer to settle?

Always be cautious of a quick settlement. Insurance companies have only their best interest in mind. Many people settle and regret it later when the pain continues and the medical bills continue to come in. Check with us first, you can then feel confident that whatever decision you make you can make an informed one.

How much is my case worth?

Each case is different, once we research and gain a thorough understanding of the injuries involved, we can get an idea of how much compensation is needed. Medical expenses, type of injury, and the recovery time of an injury all play a part in the compensation amount. At Flickinger and Sutterfield we work hard to get what you deserve.

How will my claim be handled?

At Flickinger and Sutterfield we handle every case like your family. Each case is treated individually and personally.

When is it too late to file a claim?

Statues of limitations limit the time that you have to file a claim, and these can vary from state to state. Your best chance of getting what you deserve out of a settlement is to not delay. Procrastination can result in little or no compensation. Once the statute of limitation has been reached you have very few options. A delay may degrade certain key items of your case. Accident witnesses may no longer be available or memories may fade or become uncertain. Also, certain deadlines apply when making a claim against the government.

Should I seek medical help?

If I make a claim, will my insurance company raise my rates?

Your insurance company can only raise your rates if you were ticketed for an accident. If they have raised your premiums and you feel that it was inappropriate. You are welcome to contact the Department of Insurance and file a complaint.

If I involve an attorney to settle my case, will I have to go to court?

Most of the time cases are resolved without the need of filing a lawsuit. However, when insurance companies refuse to make a fair and reasonable settlement offer we recommend that our clients seek a fair settlement in court. At Flickinger & Sutterfield, we have a highly successful, experienced and aggressive team to represent you throughout the lawsuit should it become necessary.

What about getting my car fixed or if my car is a total loss?

Dealing with rental car charges, vehicle storage charges when your car has
been towed from the scene of a collision, and obtaining fair value for a car
that has been declared a total loss can be confusing and very costly if not handled
immediately. This is one of the most important reasons to contact
Flickinger & Sutterfield for our free consultation immediately after a car
wreck, and not weeks later-after storage charges or other damages can
quickly add up.
Often, the objective value of a car can be established with the help of a
market study and knowledge of a few key facts about the auto sales market
itself. Most insurance companies will not tell you that your car, once
damaged, is worth less on resale, and will strenuously fight compensating
you for this loss. We help our clients resolve most property damage
claims, rental car issues free of charge as a courtesy to our clients, and
to help them stay focused on the more important issues-treating injuries
and handling family matters after a catastrophic loss.

What if I don't win a settlement?

At Flickinger & Sutterfield, we work on a contingency fee basis - meaning that if you don't get paid, we don't get paid.