Recently Asked Questions
Can I sue the insurance company instead of the company?
Who is sued depends on the facts and type of case. If you are suing for negligence then an individual or entity is usually sued. If you are suing for insurance benefits then the insurance company is usually sued. Call my office for a free consultation. 1-855-343-1500
How long am I allowed to file for personal injury?
This depends on the type of personal injury claim, the facts and the state where the claim arose. For example, MI has a three year SOL for general negligence cases. The SOL is different for other cases and in other states. Call my office for a free consultation.
Does out of court settlement require the presence of an attorney? Do I still need to hire one?
You should never settle a case without assistance of a lawyer. There may be lien issues to resolve and valuation concerns. Failure to properly evaluate a settlement or its ramifications can be devastating. Please call my office for a free consultation.
Where do you file the personal injury case? In the location of the incident or in my county?
Where a claim is filed depends on the facts of your case. A claim can be filed in the county where the incident occurred, where the at-fault person resides or even where the plaintiff resides. Call my office for a free consultation.
Who compensates if I win? Is it the company or their insurance company?
It can be either one or both. It depends on the specific facts and circumstances of your case. It also depends on the amount and type of insurance coverage available. Contact my office for a free consultation. 1-855-343-1500.
Do I have to negotiate a price with the company?
This depends on the specific facts and circumstances of your case. You should not attempt to negotiate or settle an injury claim without the assistance of an experienced personal injury lawyer. There may be lien and tax implications for settlement. Failure to properly negotiate can lead to disastrous results. Feel free to contact my office for a free consultation. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
Can I be charged back when I file for personal injury?
A party has a right to bring a counterclaim for damages if there exists a basis for such a claim. There is no automatic right to a counterclaim. One can only be pursued if there is a basis in fact and law. Feel free to contact my office for a free consultation. Jon Jilek, 1-855-343-1500, www.koningjilek.com, @KoningJilek.
What type of proof do I need for personal injury?
You need to contact a personal injury lawyer. The type of proof necessary depends on the type of case that you may have and the specific facts of that case. For example, in a general negligence personal injury case, one must prove that a duty was owed, a duty was breached and that breach was the cause of another’s damages. However, there are different proof requirements for specific claims, eg, no fault automobile cases, slip and fall cases, etc. Feel free to contact my office for a free consultation. Jon Jilek, 1-855-343-1500, www.koningjilek.com, @KoningJilek
How do I draft a personal injury complaint?
One who is not a lawyer should not draft a personal injury complaint on their own. Injured people should consult a personal injury lawyer. There are complex rules and procedures which must be followed prior to and after the filing of the complaint. There are certain requirements for filing a complaint which are specific to the type of complaint which is filed. Feel free to contact my office for a free consultation. Jon Jilek. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
Are there court proceedings in a personal injury?
If you pursue a legal claim in court, there are court proceedings. A complaint must be filed, an answer is filed by the other side and discovery proceeds. After discovery is completed then trial proceeds. Feel free to contact my office for a free consultation. Jon Jilek. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
How can I ensure the company pays the settlement?
This depends. If this is a personal injury case, feel free to contact my office for a free consultation. Jon Jilek. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
Who do I charge with personal injury? Is it the company or the insurance company?
This depends on the type of case. It also depends on the jurisdiction (place where the claim is filed). For example, in third party automobile collisions in Michigan, the at-fault driver and the owner of the car are named defendants. The insurance company is not named. In first party automobile cases the insurance company is the named defendant. Feel free to contact my office for a free consultation. Jon Jilek. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
How do I find out which court to file the claim?
It depends on the type of case you are filing. For example, in personal injury case, you may file in the county where the accident occurred or where the defendant resides or where the plaintiff and defendant reside. Feel free to contact my office for a free consultation. Jon Jilek. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
What are my rights after being injured under a year ago?
Please contact my office. You may have rights under workers compensation and negligence theories. 1-855-343-1500. www.koningjilek.com. @KoningJilek.
Will processing a personal injury claim means the responsible party will also shoulder costs for my legal counsel?
It depends on the arrangement made with your lawyer and the type of case. Some claims, such as no fault claims, provide for the payment of attorneys fees. Our firm generally charges no fee unless there is a recovery either through settlement or verdict. Feel free to contact my office for a free consultation. Jon Jilek – 1-855-343-1500 – www.koningjilek.com - @KoningJilek
The company's insurance provider is trying to negotiate some terms and settlement with me. Should I talk to them or should I correspond with the company?
Injured people should always consult a lawyer before settling with an insurance company. There are rules that must be followed and notices that must be given in order to protect a claimant’s rights. There may be lien issues which need to be resolved and there may be claims that agree viable but extinguished if a settlement is made. Feel free to contact my office for a free consultation. Jon Jilek – 1-855-343-1500 – @KoningJilek www.koningjilek.com
Do I really need an attorney for a personal injury case? I was wondering whether I can file and process my petition for personal injury on my own.
Litigating on your own is like performing surgery on yourself. It is a very bad idea. Litigation is a specialty. There are complicated rules and requirements that personal injury lawyers can handle. Feel free to contact my office for a free consultation. Jon Jilek – www.koningjilek.com – 1-855-343-1500 p @KoningJilek
I slipped and fell because of some scattered materials in a construction site. There were no ongoing work at the time. Can I still file for personal injury?
It depends. If you were working on the site you may have a work comp claim. If you were not working you may have a personal injury claim. Call my office for a free consultation. 1-855-343-1500.
Is mental trauma considered under pain and suffering in personal injury?
Mental anguish is an element of damages in personal injury. Call me office for a free consultation. 1-855-343-1500.
I broke my knee because of falling from a malfunctioning lift while working. Can I also charge my employer for future expenses because of the complication? What is the usual settlement amount?
There is no typical amount. It sounds like you may have a workers comp claim. Call my office for a free consultation. 1-855-343-1500.
Will the hospital wait for my personal injury case to be settled? I do not have the money to pay for all medical expenses while staying at the hospital. Is there a way for the hospital to wait for my case to be settled?
If you were injured in an automobile collision your no-fault carrier should pay all your medical bills. Please contact my office for free consultation by office number is 1-855-343-1500 my office website is www.koningjilek.com
Does personal injury compensation include all medical expenses? I want to know whether it covers up not just the important operations but also medicines and post-surgery care.
It depends on how you were injured. If you were injured in an automobile collision in Michigan you're no-fault carrier should pay all medical expenses please contact my office for free consultation my office number is 1-855-343-1500 www.koningjilek.com
How do I compensate for my medical bills while my personal injury case is pending? I have to go through an operation because of a broken knee. My personal injury case is still pending and I do not have the means to pay for the entire operation.
It depends on how we were injured if you were injured in Michigan in an automobile collision your no-fault carrier should pay all of your medical bills please contact my office for free consultation. 18553431500 www.koningjilek.com