FAQs
Do I really need a lawyer?
Hiring an attorney to pursue your personal injury claim is always recommended. Insurance companies will most likely be looking out for their own interests and you’ll be dealing with experienced adjusters who do this work on a daily basis. Without an attorney, you risk not receiving full compensation for your claim. So, you don’t need a lawyer, but having one on your side levels out the playing field and it’s much better to be represented from the very beginning. Fees are contingent based upon settlement or judgment, so if we accept your case the risk is ours.
What is my case worth?
Until we receive all the medical and other documentation, we cannot predict the value of your case. Attorneys must necessarily rely on the expertise of medical providers, your employer (for work loss), auto body shops (for property damages), and others to determine how much your case is “worth.”
Who will be handling my case?
All cases will be accepted and managed under the firm, Miller & Washington. A primary attorney will be assigned to your case for its principal management. In all cases, you will always be able to contact one of the attorneys to ask questions and discuss your case status. Miller & Washington employs several attorneys and supporting staff members. Occasionally, your principal attorney will seek the assistance of others in the firm, including, attorneys, assistants, and interns. Other staff members may be billed at different rates.
What am I entitled to?
In general, you are entitled to: (1) the damages to your vehicle or the fair market value for a total loss; (2) reasonable car rental expenses; (3) lost wages for past, present, and future (if any, and caused by the injury); (4) reasonable medical expenses incurred by the accident, including anticipated future expenses; (5) actual and reasonable out-of-pocket expenses (such as car towing and storage fees); and (6) pain and suffering, and emotional distress, for the past, present, and future. In general, the other party is not responsible for your attorney’s fees. Most personal injuries are accepted on a contingency fee basis.
How long will my case take?
It depends on the nature of your injuries and the time it takes you to fully recover. If there is a dispute over liability (who is at fault and legally responsible) or the extent of the injuries, or delays caused by third parties (such as the medical providers), the case can take substantially longer. Because each case is different, it is strongly recommended that you contact us for a free consultation to better gauge the expected length of your case.
How long do I have to file a lawsuit?
The “statute of limitations” prevents you from waiting too long before filing a lawsuit. In California, and generally, it is two years from date of injury for personal injuries (California Civil Procedure § 335.1), and three years for property damage to your vehicle (California Civil Procedure § 338(c)(1)). There are legal exceptions to these rules, which can be discussed at your free consultation.
Should I see a doctor?
YES! Whether you have insurance or not, it is always recommended that you seek medical treatment if you believe you were injured. Untreated injuries may become more problematic in the future. Depending on the type of injuries, and because of the adrenaline and excitement immediately following an accident, you may not feel any pain or discomfort until a couple days later. If you do feel pain, it is important to receive evaluation and, if warranted, treatment as soon as possible.
What if I can’t afford to see a doctor?
Your health is more important than worrying about how to pay for the treatment. Many medical providers provide their services on a “lien” basis. This means that the doctor won’t expect you to immediately pay for the treatment. Instead, the doctor understands that you and your attorney are pursuing a claim, and the doctor will wait until a settlement or judgment to get paid. If the doctor recommends additional treatment or examination (such as an x-ray), he or she will be able to refer you to other medical providers who also work on a “lien” basis.
Can you refer me to a doctor?
Absolutely. Having served the Bay Area since 1989, our firm has established long standing relationships with reputable, experienced, and trustworthy service providers. We will try to refer you to one close to your home or work.
Social Security Disability FAQs
Do I really need a lawyer?
When it comes to Social Security Disability (SSD) claims, our attorneys' familiarity with the medical components, financial issues, legal requirements, and advocacy will help obtain your benefits. Statistics show that legal representation significantly increases success rates for SSD and SSI claims.
How much will my SSD case cost?
Our legal fees for SSD and SSI claims are limited by federal law to 25 percent of the "back benefits" owed to you by the SSA, or $6,000, whichever is less. Our fees and costs are approved by the SSA before we can charge you anything.
Am I eligible for disability benefits?
Eligibility for disability benefits depends on whether you have an impairment that prevents or that has prevented you from maintaining gainful employment that is expected to last for at least 12 consecutive months. If your mental or physical impairment is expected to result in death, you can also qualify for disability benefits.
How do I become your client?
While our offices are based in California, we can represent you regardless of where you live. Our lawyers travel throughout the nation to serve the best interests of our clients, including in-person representation in ALJ hearings.
What is the difference between SSD, SSI, and RSDI?
The SSD insurance program (also known as SSDI) is based on a person's work history, type of disability, and how much he or she has paid into Social Security. SSI is need-based assistance for disabled people and their dependent family members with fewer than $2000 in assets, or $3000 for married couples. RSDI (Retirement, Survivors, and Disability Insurance) benefits may be available to people who became disabled prior to age 22 if their parents die, retire or become disabled.
When should I apply and how long will a decision take?
Apply as soon as possible. It can take three to five months or more before you receive a decision from the SSA. If your claim was denied, we can request a hearing before an administrative law judge (ALJ hearing). Most disability claims are won in ALJ hearings, but it can take up to 18 months to get an ALJ hearing scheduled.
I am over 50. Will age affect my case?
Requirements for SSD applicants over age 50 are more lax than for younger people. Work closely with an experienced lawyer to use this difference to your advantage if you are 50 years or older. Obtaining Social Security Disability (SSD) or Supplemental Security Income (SSI) does not impact eligibility for SSA benefits when you retire.
How do I apply for social security disability?
We can help you submit your initial application. You can call our office and apply for SSD benefits over the phone. We can complete your application for you, and submit it online. We will review it to ensure that it is complete, clear and compelling. Our attorneys know what the SSA looks for, and we will ensure your application has it.
What should I expect in a disability hearing?
Winning is never guaranteed. Most hearings are held at local Offices of Disability Adjudication and Review (ODAR), but they can also be conducted virtually. The judge will ask you questions about your life, your disability and how it has affected you and your family. The judge will make a decision based on the facts in the record, your interview and other testimony (e.g. medical and vocational experts) provided at the hearing.
My claim was denied. Now what?
This is not the end of the road. We can help you schedule and prepare thoroughly for an ALJ hearing. We also represent clients before the SSA's Appeals Council, if necessary. We will fight for the benefits you need and deserve.