
Follow state and local news, legal issues and laws related to cases that the law offices of James T. Johnson handles.
Is there a fee for the
initial consultation?
What percentage of the
recovery goes to the lawyer for his/her fee?
Should I call the police
after being in an automobile accident?
Should I report an auto
accident to my insurance company?
Is there a fee charged for assistance
with MedPay
claims?
Should
I talk to the insurance company representatives that are calling me?
How long does
the claims handling/litigation process take?
Is there a fee for the
initial consultation?
No. Call now and arrange for
a time to meet with Mr. Johnson personally to discuss your case.
After initially talking with you about your case over the phone,
Mr. Johnson
will then set up a mutually convenient time to meet in person.
If you are unable to travel to their office, Mr. Johnson will
come to you. In your
initial consultation, Mr. Johnson will explain to you the law of
What percentage of the
recovery goes to the lawyer for his/her fee?
The standard percentage of the recovery that goes to the lawyer
as the fee is 33 1/3%. However, James T. Johnson
of DeMent Askew, LLP offers a reduced contingency fee
rate in auto accidents that settle prior to a lawsuit being filed.
The law firm also offers reduced contingency fee rates under certain
circumstances in other kinds of cases as well.
Call Mr. Johnson now to ask more details about his reduced
contingency fee rates.
What should I do if I’ve
just been injured in an accident?
If you or someone you love has just been injured in an accident, first
and foremost, you need to make sure the injured person obtains the
proper and necessary healthcare for the injuries suffered.
While this should be your number one priority, there are some
other things you should be doing even before you have spoken to any
insurance agent or lawyer.
Look around the scene of the accident for any witnesses that
may have seen the accident or that assisted you after the accident.
Try to get the names and contact information for all
witnesses. Also, take
pictures of the scene of the accident, any tire marks or other
marks in
the road if it was an auto accident, the injuries, bruises, cuts,
etc., and the damage to the cars involved (again if it was an auto
accident). It can also be
helpful to write down in a journal or log the different things you
are going through and having to deal with during your recovery
process.
Should I call the
police after being in an automobile accident?
Yes. Always call the police
after you’ve been in an automobile accident and always ask for an
accident report to be completed.
If I’ve been injured in a slip
and fall incident at a store, should I report it to the store
manager?
Yes. Always report any
injury to the property owner or manager as soon as possible.
Should I report an auto
accident to my insurance company?
If your car was damaged, and you would like your insurance company to
handle your property damage claim for you and have them subrogate
against the at-fault driver’s policy, yes, you should report the
accident to your insurance company.
Also, if you have MedPay coverage under your policy, you may be entitled to
“no-fault” payments from your insurance policy to cover your medical
bills. Feel free
to call Mr. Johnson, and he will explain your different options to
you.
Is there a fee charged for
assistance with MedPay
claims?
No. If your own auto policy
has MedPay coverage, James T. Johnson of DeMent
Askew, LLP will assist
you in recovering all available MedPay coverage without charging a
fee for the attorney’s services.
Should I talk to the insurance company representatives that are
calling me?
It can get confusing when the insurance company agents start calling you.
Exactly who are they agents for?
Are they dealing with the property damage claim or the
personal injury claim—or both?
If the insurance agent is from your own insurance company,
you have certain obligations to cooperate with them in their
investigation of the accident.
However, if the insurance agent is from the insurance company
of the person or company that caused the accident resulting in your
injuries, you are not obligated to talk to them.
If you’ve been in an auto accident and the agent is calling
you regarding the property damage claim as to your car, it is
usually safe to speak to the agent to try to resolve the property
damage claim on your own as quickly as possible.
However, under some circumstances, it is advisable to not speak to the
insurance agents that are calling you.
If the agent is calling you to try to resolve a personal
injury claim by paying you a lump sum now, and you are still
undergoing treatment for your injuries, you should probably not talk
to the agent at all. It
is advisable to not sign any release or waiver form without speaking
to an attorney. Mr.
Johnson will be glad to personally explain to you the benefits and potential
harms of you speaking to the different insurance agents
that may be involved, regardless of whether he ends up representing
you with your case. If
you do choose to have Mr. Johnson represent you in your case, of
course, he will be the one dealing with all of the different
insurance agents and issues, and not you.
This will allow you to spend your time concentrating on what
is most important—your health and recovering from your injuries.
How long does
the claims handling/litigation process take?
It is usually better to wait until the injured person has reached maximum
medical improvement before submitting the claim to the insurance
company. Once James T. Johnson of DeMent
Askew, LLP submits
the claim to the insurance company, it may be months before
the firm knows
whether the insurance company are going to be willing to treat us reasonably in
settlement discussions.
If they are not able to settle the case and are required to file a
lawsuit, it may be another year from that point before
they are able
to obtain a trial date for the case.
As a result, the process can be lengthy.
It is better to understand that the process can be lengthy
from the outset, so that you do not become frustrated with the
process and settle for an amount that is less than what your case is
worth.