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HOW LONG WILL IT TAKE FOR MY VEHICLE TO BE REPAIRED? |
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If you have collision coverage on the vehicle involved in the accident you are obligated to first contact your own insurance regarding repairs. Your insurance company should pay for all repairs (less your deductible) as soon as possible. Please advise my office of the name, address and telephone number of the body shop that will be repairing your vehicle and we will send the insurance adjuster to that location. Do not leave your vehicle at anybody shop until you have confirmation that an adjuster has been notified and will be coming to appraise the damages to your vehicle. You do not want to rent another car or pay the body shop storage fees for any longer than absolutely necessary, especially if it is determined that your vehicle is drivable. |
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DO I HAVE TO GO THROUGH MY INSURANCE COMPANY TO REPAIR MY VEHICLE? |
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Yes, if you have collision, you must mitigate your damages. In order to do this, you must go through your insurance company first. The process is faster, and in most cases your own insurance company will pay more money for repairs or total loss than the other side’s insurance company. Your insurance company will be reimbursed by the other side’s insurance company if it is determined that he was at fault for the accident. It is your responsibility to repair damages to your vehicle as soon as possible even if the accident is not your fault (sometimes your insurance company may even waive your deductible). |
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HOW LONG WILL IT TAKE TO RECEIVE COMPENSATION FOR MY BODILY INJURIES? |
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Typically, once you have finished treatment and I am in possession of all your medical reports and bills, I should have an answer for you within 60 days. However, this is not a fast and hard rule and each case must be evaluated on an individual basis. |
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HOW DO I PROVE THAT I LOST EARNINGS AS A RESULT OF THE ACCIDENT? |
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If you work for somebody else, you should obtain a letter from your employer stating the number of days you missed from work, your hourly salary, and your total loss of earnings. (Contact our office to receive a sample letter).
If you are self-employed, you should compare your earnings before the accident by looking at your bank statements before the accident and comparing them with your bank statements following the accident. If there is a substantial reduction after the accident, we could argue the accident was the cause of your loss of earnings.
(Contact us to receive a sample letter).
It is much harder to prove loss of earnings if you are paid in cash and do not report your earnings. However, under certain circumstances, it is possible to prove loss of earnings or earning capacity even if you are paid in cash. Please discuss the specifics of your case with me. In the meantime, begin gathering information and documentation to support your loss of earnings claim. Once you have completed your medical treatment, we will need all of the information and documentation concerning your loss of earnings. |
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WHAT SHOULD I DO WITH BILLS I RECEIVE FROM HOSPITALS, DOCTORS, AMBULANCE, ETC.? |
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These bills are your responsibility. If you have medical insurance (Blue Cross, etc.), please advise all medical providers of this fact and have them bill your insurance directly. If you do not have medical insurance and are unable to pay the medical bills out of your own pocket, you can ask the providers if they will take a lien on the case. If they agree, you will sign a document which states that the medical provider will get paid once your case has settled (a lien). If they do not agree to a lien and insist that you pay them directly and threaten you with collection agencies, you may want to discuss the matter with me in order that we come up with a solution for your individual case. |
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SHALL I GIVE A RECORDED STATEMENT TO MY INSURANCE COMPANY OR TO THE OTHER PARTY’S INSURANCE COMPANY? |
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If you are contacted by any insurance company, including your own insurance company, do not give them a statement, unless you have discussed this with me first. It is common practice for you to give your statement from my office with me present. In general, you should refer all insurance companies to my office and do not discuss the case with them or anybody without me or a representative from my office present. |
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WHEN IS THE BEST TIME TO CONTACT JOSEF AVESAR? |
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Anytime. If you have a question, you may contact my office at anytime. Typically, the secretary that has been assigned to your case can answer any questions you may have. If the secretary is unable to answer your question, she/he will take a message for me and I will return your call. It is very important that you understand that I may not be available at the exact moment you call. Sometimes it is necessary that I review the file before speaking with you. It is also very important to me to keep the lines of communication open, but you must understand that I do have appearances in court that take me out of the office and make me unavailable at times. |
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WHAT IS THE VALUE OF MY CASE? |
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The amount of your settlement is contingent on many factors including the severity of your injuries, whether surgery is required to repair the injuries sustained in the accident, the cost of your medical treatment, your loss of earnings, and future medical treatment. It is important that your doctor knows and understands each and every injury suffered by you in the accident. Please make sure you relate each injury to him in detail. Should a new problem arise once you have already begun treatment, be sure to make your doctor aware of this. He will then decide whether your new problem is related to the accident or not. |
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I AM PLANNING ON MOVING OUT OF THE UNITED STATES: HOW WILL THIS AFFECT MY CASE? |
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In most situations your case will not be effected by your residency, even if you intend to leave the United States. However, there may be some legal difficulties which will need to be handled on a case by case basis. I have represented many clients that relocated to other countries and was able to settle their cases without incident. |
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WHAT IF MY INJURIES GET WORSE INSTEAD OF BETTER FOLLOWING MY ACCIDENT? |
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Once a person is injured in an accident of any kind, it is not unusual for their symptoms to become worse as treatment progresses. If this is your experience, ask your doctor to refer you to a specialist such as a neurologist or an orthopedistand ask for more sophisticated tests such as an MRI, CAT scan Nerve Conduction Studies, etc. All of these tests can be handled on a lien basis. |
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HOW LONG SHOULD I RECEIVE PHYSICAL THERAPY? |
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For as long as the doctors advises you that it is necessary. While you do not want to receive physical therapy for longer than necessary to treat your injuries, it is very important that you complete the treatment prescribed by your doctor. |
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DO I HAVE TO TAKE PHOTOGRAPHS? |
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Yes. Photographs are always a good idea. Photographs of your injuries, the scene of the accident, the property damage caused by the accident or anything related to the accident will always be helpful to your case. Many times the damage to your vehicle is not visible. If the damage is internal, take photographs of the frame, the interior of the trunk or engine compartment or any items within the vehicle that may have moved (such a seat) or broke, which will help explain why you were injured.
Remember, insurance companies do not usually believe that a person suffered injuries when the damage to the vehicle is minor. Therefore, if the damages were minor but you feel the impact was heavy, take photographs that will help prove this. |
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Please note that the answers to these questions are general in nature. There may be more specific answers applicable to your particular case. It is important that you contact me personally to discuss your case. |
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