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At Supreme Court of the United States

Legal Questions and Answers about Auto Collisions

At the Scene

Q. What should I do if I’m injured?
A. Seek medical attention as soon as possible. Medical documentation can be very important later on even if your injuries seem minor now. Above all, if your injuries persist, keep a diary of your medical conditions and the problems they are causing you. This information may be very helpful later as once the injuries have resolved, they may be forgotten. If forgotten, they may not be compensated.
Q. What information do I need?
A. Get the name, address, telephone number and automobile insurance information from the other driver. Also, get the names, addresses and telephone numbers of any witnesses to the accident. Make notes of statements made by the other driver or occupants of the other vehicle about how the accident occurred. Take photographs of any damage to your vehicle and the other vehicle.
Q. Should I move my vehicle?
A. Unless your vehicle is creating the potential for another accident, do not move it or the accident debris until you are instructed to do so by the investigating police officer.
Q. Is it okay to talk about the accident?
A. Do not discuss the accident with anyone other than the investigating police officer, your doctors, and your lawyer. Insurance representatives are the LAST people you want to talk to. It is okay to talk to them, after your lawyer has properly counseled you.

Next Steps

Q. Do I need a lawyer?
A. For cases involving anything more than a minor injury, YES! Insurance companies are not your friends, and they will not “take care” of you. Often, claims adjusters are lawyers, so you are unevenly matched right from the start. A lawyer will help you obtain full and fair compensation for your injuries, including all of your medical bills, lost wages, and pain and suffering. Insurance representatives are only looking out for their company, and they will not tell you about your rights, nor will they give you a fair offer. A lawyer has the ability to file a lawsuit and expose the insurance company to additional expense and to a possible payout for damages which might be more than they’d settle for earlier.

Using an experienced lawyer can actually increase the amount of money you will be paid to compensate you for the accident, so that even after the lawyer’s fee is paid you will have more money in your pocket than if you attempted to represent yourself. An experienced lawyer knows what you are entitled to receive as compensation. Having an experienced lawyer on your side, representing only you, tells the insurance company that you are serious about protecting your rights. They know better than to misrepresent their obligations or tell you that you have to take whatever they offer. Peace of mind from knowing your interests are being protected allows you to get back to your life with as few delays as possible and with a settlement that fairly compensates you for the accident.

Q. What is the process once I hire a lawyer?
A. The process begins with a meeting with the lawyer. In my office we explain things to you, and ask you to provide information to us so we can begin work on your case. You will be asked to sign authorizations so that we may obtain medical records and lost wage documentation. A contract will be signed which identifies you as the client and me as your lawyer. Thereafter, we handles the details of collecting information, dealing with insurance companies, and generally overseeing all important matters for you, so you can go about your normal routine and get back to full health. Once your injuries have resolved, it is my job to identify for you the value of your case, and then, with your permission, to negotiate to recover that money from the insurance company.
Q. How does a lawyer charge for a personal injury case?
A. Most lawyers take personal injury cases on a contingency fee basis. Normally the lawyer takes a fee of one third out of the settlement, or higher, if the matter goes to court and a verdict is obtained in the case. I charge one-third if we settle the case before filing a lawsuit, and 40% once the lawsuit is filed.
Q. What will this cost me?
A. You will not need any money up front, and the possibility for having to pay out of your pocket at any time is very small. While lawyers are ethically prohibited from paying for the expenses of a client’s case, routinely the expenses are small and they are advanced by the lawyer. Expenses before a lawsuit is filed usually consist of costs for the police report, and for copying medical records. In my office, these expenses typically add up to no more than $50.00 per case. I do not ask our clients to pay this up front, but rather, I deduct expenses at the end once settlement is reached. In cases involving litigation, each case is different and will have varying expenses. Before beginning that process, I always explain things thoroughly to my clients, so that they understand what is involved. Finally, I would never commit a client to an expense that they did not approve of in advance.

Fault and Insurance

Q. Does fault matter?
A. The issue of fault is always important. If the collision was not your fault, you should be compensated. In both Maryland and Virginia, laws in these matters focus on fault, and provide that if a party was partially responsible for an accident, he or she cannot recover against the other party, even if that party was mostly at fault. In cases where our potential client was partially, or even fully at fault, we determine if they have coverages called PIP or MEDPAY on their own insurance policies, and advise them on how to recover these benefits.
Q. What is “No-Fault” Insurance?
A. Maryland and Virginia do not have “no-fault” insurance. Those states that do have different variations of “no-fault” insurance require minimum coverages to pay anyone who was injured while in a vehicle involved in a collision. The key feature of a no-fault law is the guarantee of being paid by your own insurance company for a variety of limited losses, whether or not you were at fault, in exchange for giving up your right to make a claim against the other driver. No fault laws are designed to limit your recovery. Fortunately, no such limits have been enacted in Maryland or Virginia.
Q. The person who hit me has no insurance coverage. What do I do?
A. Report the accident to your insurance company. Your insurance policy most certainly has what is called “Uninsured Motorist” coverage, which protects you in cases exactly like this. Your premium, by the way, does not and cannot go up because you make a UM claim.

Your Car

Q. Can I get a rental car while my car is being repaired?
A. Yes. There are companies specializing in providing cars to people whose cars are being repaired. Look for them in the Yellow Pages or ask your attorney.
Q. What will I get for my car?
A. You will get the amount of money necessary to repair your car to the condition it was in before the accident. If the car is a “total loss” you would then be offered the amount the car was worth, based on industry price-settings guides (like the Kelly Blue Book), and the car would not be repaired.
Q. Where do I have to take my car to get it repaired?
A. It is up to you to decide who you want to repair your car. Do not be bullied by the insurance company into thinking you have to have your car repaired by the shop giving the lowest bid. You are entitled to have your car repaired to the same condition it was in before the accident.

Your Injuries and Their Consequences

Q. If I have been hurt, who will pay for my treatment?
A. The person who caused the accident, or his or her insurance company, is responsible for paying for your treatment. Your insurance carrier may also be involved in paying your medical claims in some cases. This does not, however, relieve the at-fault party from paying for all of these bills. In cases like these, there is a “double” payment, and it is perfectly correct, and legal. The “at-fault” party pays because they caused the injury, and your company pays because you paid premiums for them to do so!
Q. Does the insurance company pick the doctor I have to see?
A. No. You can use your own doctor. No one can tell you what doctor you may use.
Q. What do I do if I have to take time off from work?
A. Keep a record of the time you miss from work, even if you still get paid because you use sick time or vacation. Keep track of the amount of money you lose by not being able to work. All this time you cannot work has to be paid by the person who caused the accident.
Q. What do I do with all the bills that come in after the accident?
A. Talk with your lawyer about the bills. In my office, we call doctors and ask that payment of the bills be postponed until after your case has been resolved. Many doctors will agree to this. Don’t let the bills worry you.

Case Value

Q. How do you know what pain and suffering is worth?
A. Pain and suffering evaluations are necessarily subjective and are based on similar cases, and a lawyer’s experience and knowledge of the community. My practice is limited to personal injury claims, and I have been practicing law since 1980, during which time I have handled thousands of cases.
Q. What is my case worth?
A. This the most frequently asked question by new clients. First, every case is unique. The value of an injury depends on many factors which are probably unknown when the client first contacts the lawyer. For instance, the value of a case depends not only the nature and extent of injuries, but also on the factual circumstances of the accident. Many of these factors cannot be known until the lawyers investigates the claim. Before a value can be made, you should be fully recovered from your injuries, and if that isn’t possible, your doctors should have provided a permanency or disability rating. This is a letter stating you have a permanent injury and how it will affect you. We must have all the medical records so we can have a thorough understanding of your treatment, your current condition and your future prognosis. We must have a document detailing the wages lost due to the accident. We must also have a complete understanding of how the accident affected you while you were recovering. Once all of this information is available, then, and only then, can a value be estimated. I provide this estimate to my clients, in writing, before I attempt to settle their cases.
Q. Isn’t it better to take the insurance company’s settlement offer instead of risking a trial where I might lose and get nothing?
A. Your lawyer can advise you but it is your claim and your injury so you have to make the final decision of whether to settle or go to trial. Your lawyer’s experience can guide you in making your decision. He or she knows the chances of success at trial and how far below a full adequate settlement the insurance offer is.

How Long It Takes and Going to Court

Q. How long does it take to conclude my case?
A. An experienced lawyer will be able to give you a general guideline as to how long the case may take to resolve. Generally speaking, the more complex the case, the longer it takes. Sometimes a relatively simple case can take a long time to resolve because of disputed issues. Also, in a personal injury case, most lawyers will not attempt to resolve a case until the client has reached a medical end result. That is the point at which the person is either healed or has reached a plateau where a physical has reported that the patient will not improve any further. The reason the case is not settled until the medical end result is reached, is that the lawyer needs to know the future consequences, if any, of the injury. I want you to get as much as possible for your injuries, so I wait until treatment is completed before evaluating your case. We never rest, however. While we wait for your treatment to be completed, we gather the information that increases the value of your case. We constantly do everything we can to move your case forward toward settlement.
Q. If I hire a lawyer but do not want to go to court, can I settle?
A. Yes, the final decision to settle is yours alone. In my office, I will be the person with whom the insurance companies deal and to whom they make an offer on your claim, but a final decision for settlement cannot be made without your consent. You should understand, however, that sometimes filing a lawsuit is the only option when the insurance company offers an unfair settlement amount. It is necessary to sue to protect your rights to full and fair compensation. An experienced lawyer can calculate the value of your case so you will know whether the offer from the insurance company is adequate or not. Finally, it is well-documented that most lawsuits that are filed are settled before trial. Regardless, we prepare every case as if it might ultimately be decided by a jury. I believe in being prepared in the event an agreement between the parties cannot be reached. At the same time, my philosophy is to aggressively pursue a resolution of claims at all stages in the case, so that the process does not become unduly difficult, burdensome, or expensive for my clients, and so that I obtain the best results possible. Through constant preparation, I can negotiate from a position of strength, helping you get the maximum award for your injuries.

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LOCATIONS

Tyson's Corner, VA
8230 Old Courthouse Rd. #430
Tyson's Corner, VA 22182
Phone: (703) 854-9288
DIRECTIONS
Manassas, VA
Phone: (703) 854-9288
Wheaton, MD
Phone: (301) 298-8383
Baltimore, MD
Phone: (301) 298-8383
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Roberto Pereira
Roberto Pereira
1732189180
Avi Santizo
Avi Santizo
1731626924
Muy agradecidos, con la ayuda de la señorita Evelyn Amaya en la oficina de Manassas. Una excelente persona y con un carisma que da gusto hablar con ella le explica a uno de buena manera los detalles. Le doy mas de 10 estrellas a la señorita Evelyn Amaya y la oficina de Paul Samakow
Luis Amaya
Luis Amaya
1730816243
Great to work with Evelyn Amaya was the Best!! Thank you All i am happy
Jisela Guillen
Jisela Guillen
1729888411
Mercedes Henriquez
Mercedes Henriquez
1729796521
Todo bien solo que se tomo tiempo. Estoy agradecida con el abogado.
Edgar112orellana@gmail.com Edgar
Edgar112orellana@gmail.com Edgar
1727874325
Evelyn and Rocco were incredible. Rocco did his best to get me the most for my case and Evelyn walked me through the hardships and what to expect. Now Paul! I love honesty and straight fordwardness... if that's a word. Paul was great, his team made me feel safe and showed me what to expect. Thank you all for what you did. From my family to yours.
Ryan Campbell
Ryan Campbell
1727627276
I first got injured ( burned in a sensitive area) and I didn't know what to Expect or what to to next. I found Mr samakow and his group online, read.some reviews and gave them a call. Mr samakow took my call and we began the process of gathering details.Throughout this case I was anything but easy to work with - I was frustrated and upset with the insurance company often.Life was happening too fast around me to begin with, and this is without considering the stress from the case itself.However, through all of this chaos and confusion, Mr samakow remained calm, and for the most part found a way to accommodate me at every turn the case took. He was honest about his intentions, and always transparent. My case settled in roughly 15 months!Thanks to paul, and the samakow law group for your patience and professionalism!I'd use again, and I highly recommend. 👌Best regards,Ryan s.
Juan Benavides
Juan Benavides
1727256055
I got in a motor accident in the beginning of the year. had the pleasure of working with the Law offices of paul A. Samakow, and I cannot recommend them highly enough. From the moment I walked in, the staff made me feel welcome and at ease.A special shoutout to Paralegal Evelyn, who was incredibly knowledgeable and attentive throughout the entire process. She took the time to explain everything clearly, answered all my questions promptly, and truly went above and beyond to ensure I felt supported. Her professionalism and compassion made a challenging situation much more manageable.The attorneys at the firm are equally impressive, demonstrating expertise and dedication to their clients. I felt confident in their hands, and they delivered outstanding results.Thank you Evelyn, and the entire team, for your exceptional service!
T Marie Hayes
T Marie Hayes
1727214092
Ludvin Mendez
Ludvin Mendez
1726865286
Excelente abogado muy recomendable trabajo 100% garantizado
Alyncia Proctor
Alyncia Proctor
1726604291
Taina Hoyt
Taina Hoyt
1725823144
Melissa is amazing professional employee I will always come back to get services from this firm
Ashley Ruiz
Ashley Ruiz
1725621882
I had an accident by the beginning of the year, and we contacted them to represent me, they were amazing, process took less then a year, and it was super fast, Evelyn was so helpful and amazing.
Edwin Perdomo
Edwin Perdomo
1725391550
What a great law firm Mrs. Evelyn Amaya kept me notified and up to date on everything and ensured me her and her team had my back and no matter how frustrated I was they spoke with respect and dignity to me which I admire, they really know there stuff, thank you again
Joe Musso
Joe Musso
1725380434
I've been a nursing home abuse attorney for 25 years. In Virginia the legislature codified understaffing cases for attorneys like me in direct response to the case of Alcoy v. Woodbine which Paul Samakow litigated and won! In short, nursing home residents in Virginia are more protected because of Paul Samakow. Having now gotten to know him better I am moved by how caring and compassionate he is. An attorney that is brilliant and capable coupled with a loving passion for his clients is a dangerous combination. If you are considering hiring an attorney, Paul Samakow will not let you down.
Hemanta Shrestha
Hemanta Shrestha
1725377389
I was thankful for the experience with this firm, Filly came in and assisted me with my case and i appreciated it that he was always a phone call away . Thank you so much Paul and. Filly for your friendly, impressive and fastest service and co-operation. Definitely I Will recommend to friends
M DLC
M DLC
1725374258
Recomiendo a Melissa porque es una persona muy profesional dedicada inteligente amigable y muy responsable en lo que hace.Porque ganan todos los casos
Rosa Machado
Rosa Machado
1724776619
Tuve un accidente hace 5 meses atrás y fue un bendición que dios nos dio que encontré esta firma de abogados. Son muy profesionales y muy eficaces en el trabajo que hacen. Muy satisfechas y los recomiendo 100%. Muchas gracias a Melissa Rodríguez y a su firma de abogados paul samakow a quien nos ayudó en este caso.
Josephine Agyeman
Josephine Agyeman
1722280441
Melissa Rodriguez was very nice to me.She did an excellent job
Gary Njr
Gary Njr
1721150823
Love!!! They help me so much and stress free!!!! Eve help answer all my questions without hesitation. Would recommend 100%
deniz Yilmaz
deniz Yilmaz
1720732198
Mr. Samaria helped me with my case. He is a people’s person and very attentive. His office staff was very helpful as well. Thank you Mr.Samakow
Candice Wright
Candice Wright
1718329991
Paul is excellent I trust him with my life. He took on my case not even being in his own state, he had to get a special license to practice in my state just for my case. He took very good care of me and I was a pain in the butt! He assured me that I've made the right choices. He educated me on a lot of things, step by step process. The thing that got me the most was he goes above and beyond professionalism. He keeps you well informed. He's an excellent lawyer ! I can say that he did my case Justice and you'd be a fool not to hire him . Paul will have your best interest first and foremost I can tell you that is fact!
Andreina Sorto
Andreina Sorto
1717639258
I had a great experience with this law firm. They helped me in so many ways and made sure everything was taken care of. Eve is the best paralegal i’ve had and she always ensured i knew what i was going on with my case. I highly recommend this firm to anyone who has gotten into an accident and needs guidance.
Noelia Ortiz
Noelia Ortiz
1717534476
Melissa is a great person she did a wonderful job. I will forever be grateful.
Joana Juarez
Joana Juarez
1717104472
I have always cane back to them if I need them for any accident. This office I highly recommend.
Christian Marable
Christian Marable
1716506766
Eve was very helpful throughout my case, I would definitely recommend having her help you!
Mauricio Valeriano
Mauricio Valeriano
1712875456
Excelente atención.
Genesis Cleaningco
Genesis Cleaningco
1705097681
My name is Lorenzo Ventura I am very happy with the services I received from the law firm I take my case to another law firm they say my case was to small then I call Mr Paul the answer was yes will take your case thanks for everything
Hatti Chase
Hatti Chase
1702491619
It was a very long process. Having patience for the due justice was the hardest part. All the staff was always very friendly, respectful, and informative of the process. I appreciated the short videos to explain the process and birthday well wishes. I have never been through anything like this. So this hopefully is my first and last. To only receive a mere small amount in the range of $2,600 the other $3,000+ came from my job. So that was hurtful, because someone there or at the insurance company spoke on my behalf saying they did not think my injury ..."a ripped ligament in my knee" was caused by the car crash, and it was degeneration. That was not true. Even the doctor told told me, showed me, and gave me a video of my knee along with documentation for the results of my knee injury. You have it as well. It can never be repaired properly, it is a permanent injury. It will get worse over time. That part was hurtful. Thank you ALL anyway for what you have achieved on my behalf. And may your company have much more success for others. Have a wonderful holiday. Sincerely Mrs. Chase❤🎀🎉🎊
Kate Morin
Kate Morin
1701017973
Paul Samakow is a wonderful attorney! I had a horrible slip and fall accident due to my ex-boyfriend's family's negligence with a patch of ice on their patio (which they knew about but gave me no warning, still inviting me onto the patio). My ex was high as a kite! I severely broke my elbow and it required surgery. Never got an apology from the family and they never took accountability. I had to drive myself home so my mom could take me to the hospital that night. I'm still in pain every day almost two years since the injury and over a year of PT. I permanently lost 10% grip strength in my dominant hand. Paul immediately felt empathy and compassion for my situation and the emotional and mental trauma the injury caused. He took my case and fully believed in it from the start. He took all necessary steps (and more), demanded a settlement from the homeowner's insurance company, yet my ex and his family lied about the details of the accident causing them to deny the first claim. Did Paul let these people get away with that? Heck no! He demanded a settlement again and negotiated beautifully. We recently settled after over a year of hard work on this case and I will be forever grateful. I got the closure I needed. I can finally work on overcoming the emotional and mental trauma and move on! Paul is also very responsive to texts and phone calls, even on weekends. A 24/7 lawyer! I had friends and family discouraging me from taking legal action, but I knew what I needed to do. Overall, a very supportive and wonderful experience with Paul Samakow. He went above and beyond. If you ever have an injury in which someone else is liable, Paul is your guy!
Rosa Diaz
Rosa Diaz
1700107933
I rally reccomend Paul And His team they really helped me
Donna Taylor
Donna Taylor
1700087847
I couldn't be any more pleased with the way Paul handled my case. He was communicative, patient, professional, and settled my case very quickly. I am so happy with the outcome. When he tells you what he thinks he can get, believe him. He was on point, and I can't thank him enough.
Karen Colato
Karen Colato
1700007203
Paul A. Samakow has been so wonderful to me. Truly a praiseworthy lawyer! My mother always wanted me to hire Paul A. Samakow as my attorney. It has been the best decision I could have ever made. I highly recommend The Law Offices of Paul A. Samakow, P.C. I am very pleased and satisfied to have found this law firm to represent me. I am thankful from the bottom of my heart. I am also absolutely grateful for the above and beyond priority my case was given since the beginning. Franklin Winters went above and beyond to help me get back on my feet. He has done an exceptional job. I remember when I first came into the Manassas office with my mother. We didn’t know what to expect or what the next step would be. We were so confused and had many questions. I was also in a lot of pain. Franklin Winters explained everything clearly and in detail. He had an answer to all our questions. He also set me up into receiving physical therapy to start recovering. I started my physical therapy the same day that I signed the contract. He helped me throughout the whole process. He was keeping me informed on everything being done on my behalf. Franklin Winters gave piece of mind to me and my family. I can’t say enough how please I am. Franklin is an outstanding Legal Assistant. Also the wonderful staff for the hard work they put into helping me with my case. I am also very pleased with the settlement and the progress which was very rapid. The speed with which you brought this case to a finish, was just great! Thanks again for all your hard work. I’m glad I chose you to represent me. I don’t see how anyone could have done a better job than The Law Offices of Paul A. Samakow, P.C. Thank you so much. God Bless.
Kelly Herbert
Kelly Herbert
1699490522
Juana Ferrufino
Juana Ferrufino
1698512742
Someone referred me to Pa Samakow. I heard he is well known with the Hispanic community. I’m satisfied with the amount of money I got. I would highly recommend Paul to anyone who needs legal representation.
Marlon Perez
Marlon Perez
1698421669
Hilton Soto
Hilton Soto
1697646468
I got what I feel like I deserved and I hope I can be an example to trust this place and to always never lose hope. Just trusting them with there staff and I am forever grateful!
Katherine Guerrero
Katherine Guerrero
1697645469
My experience with Mr. Samakow and his team was nothing but positive. Did a great Job with my Case . Very informative during the whole process.
Aykut Yekeler
Aykut Yekeler
1697432532
rebeca alvarez
rebeca alvarez
1697234092
I had Mr.Samakow for my case and he did a fantastic job on following up and updating us and did his very best for my case. I highly recommend Mr. Samakow!
Anibal Argueta
Anibal Argueta
1696866677
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