FAQs by Someone who has Suffered a Personal Injury

Do Most Personal Injury Cases end up Going to Trial or do Most Settle out of Court?

The majority of cases do settle before trial. However, the best way to handle a case is to prepare it as if it is headed to trial. You need to be able to show the defendant on the other side that you're ready, willing and able to try the case, and usually only then will the case settle. There are a small percentage of cases that do go to trial, and that can be for any number of reasons, whether the insurance company or defendant doesn't make a reasonable offer or there are issues in dispute regarding the extent of the injuries or who's responsible for the accident. In those instances, the attorney must be ready to try the case.

Does the Injured Person Have to Notify Their Insurance Company or the Other Party's Insurance Company? What Should Someone do if the Other Party's Insurance Company Tries to Contact Them?

In a car accident, you should notify your insurance company. If the insurance company for the other driver or the negligent person involved in the accident tries to contact you, you should not speak with them or give a statement; at that point if you haven't already, you should make a call to a personal injury attorney. You don't want to give statements to the opposing side's insurance company because while they may seem nice and almost seem to be on your side, they work for the at-fault party’s insurance company. Their job is to save that insurance company money. Therefore, the best thing to do is not give a statement and call an attorney.

What Makes a Sound and Viable Personal Injury Case?

First of all, you need a person or a third party who has done something wrong and acted negligently, resulting in your injury. The injury needs to be a permanent injury that has serious consequences on your life. If you can link the negligence of another person specifically to the permanent injury that you suffered, that is going to be a strong personal injury case.

How Important are Evidence and Witnesses in These Cases?

Evidence is very important. Evidence includes statements from the parties involved in the incident. Evidence can also include photos or video of the accident or incident. In addition to that, testimony under oath from independent witnesses is important. The strongest witnesses are those that have no dog in the fight (independent witnesses). They saw what they saw, and they come in and testify about it. If you have an independent witness on your side, that generally helps your claim in a big way.

If you have Suffered A Personal Injury And Have Questions To Ask, call Law Offices of Thomas L. Gallivan, PLLC, Attorneys at Law for a FREE Initial Consultation at (855) 228-7369 and get the information and legal answers you're seeking.

Client Reviews
Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. Melanie
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Tom Gallivan fought for - and won - a settlement on behalf of my mother, who suffered terrible pressure sores due to nursing home neglect. I will always be grateful for his diligence and hard work, and for keeping me informed during the entire process. He will fight for you every step of the way. Trudy
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