Frequently Asked Questions

  • Do I have a case?

    If you have suffered an injury in a vehicle accident or due to negligent behavior, there are many factors to consider in deciding whether or not you have a case. The details of the accident, the type of injuries sustained and the medical treatment received all must be weighed. To best resolve the question, consult with an attorney who specializes in personal injury cases.

  • I have been in an accident, but I wasn't hurt. Do I need an attorney?

    If you were involved in an auto accident, truck accident or any other kind of accident but were not hurt, you likely will not need an attorney. If your vehicle sustained damage, however, you should get it repaired. In many cases, this may be handled by the insurance company of the individual who caused the accident, but if you have questions, you should consult with an attorney who specializes in personal injury cases.

  • I have been called by a claims adjuster. What should I do?

    If you have been involved in a vehicle accident, you will frequently be contacted by an insurance company claims adjuster. This person will ask for details about the accident and any injuries. If you speak to a claims adjuster, do not give a recorded statement and be very careful about what you say. Anything mentioned to a claims adjuster may be used when your settlement is determined. If a claim adjuster contacts you, do not volunteer any information until you have consulted with an attorney who specializes in personal injury cases. If the attorney believes you have a case, he or she will discuss the accident with the claims adjuster.

  • Why do I need an attorney to help me with my case?

    An attorney can help you "wade" through the mysteries that arise from an accident. Unless the accident is simple, it is generally wise to consult with an attorney who specializes in personal injury cases before you talk to anyone. The attorney can discuss the facts of the accident, the damage to your vehicle, your injuries, your medical treatment, etc., which are all intended to eliminate the "mysteries" surrounding your case.

  • What will an attorney charge me to handle my case?

    Most personal injury attorneys will take your case on a contingency fee basis, which means that the attorney is paid out of the settlement at the end of the case. This usually consists of a percentage of the settlement, with the specific figure depending on a variety of factors, including your type of case. If an attorney offers a free consultation, be sure to ask what percentage he or she would charge to handle your case.

    The Tomalas Law firm works on a contingency fee basis and also offers free consultations to review your personal injury case. We look forward to reviewing your case details, and we will be happy to discuss how we can help you win a settlement that will meet all of your needs.

  • Who will pay for my medical bills?

    Medical bills resulting from injuries sustained in an auto accident, truck accident or any other vehicle accident can be a burden. These bills may be paid a number of ways, including by your own medical insurance carrier or by the insurance company that covers the person who caused the accident. If payment is in doubt, however, a select group of doctors will examine and treat injured people without receiving payment until the case is settled. By consulting with an attorney who specializes in personal injury cases, you will determine the best path to getting your medical bills paid.

  • What can I do if I have been hurt in an accident, but I don't have medical insurance?

    If you have been injured in a vehicle accident and you do not have adequate health insurance, some doctors will examine and treat you without asking for payment until the case is settled. Of course, if the person who caused the accident carried adequate insurance, that company should pay your medical bills once the case is settled. By consulting with an attorney who specializes in personal injury cases, you will determine the best path to getting your medical bills paid.

  • Who will pay for the damage to my vehicle?

    If your car, truck, motorcycle or other kind of vehicle has been damaged in an accident, the insurer of the person who caused the accident should cover the related costs. If it is unclear who caused the accident or the person who caused the accident did not carry adequate insurance, however, you may need to make a claim on your insurance policy. By consulting with an attorney who specializes in personal injury cases, you will determine the best path to getting your vehicle repaired.

  • What if the person who caused the accident doesn't carry insurance?

    Sometimes, the person who causes a vehicle accident does not have adequate insurance to cover your injuries or vehicle damage. Generally, trying to collect money from the uninsured is a fruitless effort. Instead, collision coverage on your vehicle will cover the damage done to your auto or truck while uninsured motorist coverage will cover medical bills and pain and suffering. Once such payments are made on your behalf, the insurance company will attempt to recoup the money from the person who caused the accident.

  • How long will it take for my case to be settled?

    Generally, if you have suffered an injury in an auto accident, truck accident or motorcycle accident, your case will take several months to settle. The amount of time required will depend upon the nature of your injuries and the medical treatment needed. If you settle a case too early, you will not be able to make any claims later, as you will be asked to sign a release. Therefore, it is critical that you and your attorney understand every part of your case before it is settled so you receive the maximum settlement.

  • Will my insurance rates go up if I make a claim under my own insurance?

    If you have been involved in a vehicle accident but did not cause it, your insurance company will generally not increase your premium if you make any related claims. If you caused the accident, however, the insurance company will likely increase your premium as it must pay a settlement to the other party.

  • What can I do if the insurance company of the person who caused the accident won't accept responsibility for the accident?

    If you have been involved in an auto accident, truck accident or motorcycle accident and the insurance company for the person who caused the accident will not accept responsibility for any damages or injuries, you may need to file a lawsuit against the insurance company. Should the situation reach this point, you should consult with an attorney who specializes in personal injury to determine the best path to collecting what you are entitled to receive.

  • What kind of attorney do I need if I have been in an accident?

    The best attorney for handling an auto accident or any accident resulting from negligent behavior is an attorney who specializes in personal injury law. This type of attorney has the knowledge and expertise to increase the likelihood of getting the money you need to have your vehicle and/or property repaired or replaced, and also enough to cover costs for medical bills, lost wages, and anything you may need for pain and suffering.

    It is also important to choose a lawyer that has many years of experience in practicing California Personal Injury Law and one that has a reputation for winning settlements. Roger Tomalas has over 30 years experience in successfully representing his clients. He has won over $30 million dollars because of his inside knowledge of insurance companies and his passion to aggressively seek settlements for clients that deserve experienced legal representation.

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