Q&A

Frequently Asked Questions

The following information is intended for informational purposes only and is not provided with the intent of giving legal advice. All cases are unique. For further elaboration on these issues, please make an appointment with Mr. Kaydouh via e-mail (no e-mail questions please) or call 703.790-5080 during business hours.

Q What is your experience in litigation involving personal injury cases?

A For over twenty-eight (28) years I have been representing injured people and have settled or litigated these cases over that period of time. Every case is unique and stands or falls on its own merit and problems. If a case has to be tried, it will be tried. However, if a case can be settled with an adequate amount of money for the client's injuries, then the client would be advised of the same so that he or she can make a determination as to what to do at that time.

Q How much money is my case worth?

A This is one of the most difficult questions a plaintiff's attorney will get asked. Cases have value based on five areas assuming the liability, i.e. who was at fault, issue is clear. Plaintiffs in personal injury cases are entitled to five areas of damages. Those areas are as follows:

            A. Past Medical Bills
            B. Future Medical Bills
            C. Past Lost Wages
            D. Loss of Earning Capacity in the Future
            E. Pain and Suffering

There is no tried and proven formula to determine exactly how much a case is worth and it really depends on how the evidence comes in on a case. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues which would allow the insurance company's lawyer to take away credibility from the injury party's case. However, based upon my experience I am generally able to come up with at least a "range of value" of cases after we have obtained all the medical records and bills and see how the client has finally improved or basically gotten worse since the time of the injury. Even with all that information it is very difficult for the Plaintiff's counsel to come up with an exact figure, but, typically, a range of value based on my experience in handling these types of cases can be determined.

Q I have just been in an automobile accident. Who is responsible for my hospital bills and loss of income?

A If the other driver was at fault, you have a right to proceed against him/her and assuming that he/she has insurance the insurance company will be responsible. You also have associated rights against your own insurance company and your separate medical insurance through either your personal policy or through your employment.

Q My employment health insurance has paid most of my bills and now they want to be reimbursed. Do I have to pay them back?

A That all depends on whether or not your health insurance through your employment is ERISA based and whether or not that policy is an employer or employee funded policy, or whether or not the employer has in fact purchased separate insurance through a regular insurance company to pay its employees.

Q The other driver was drunk. Do I have a right to only be paid for my pain and suffering and medical bills and other damages, or can I claim punitive damages?

A Under Virginia law you very well may be able to collect punitive damages depending on the exact circumstances of the other driver's intoxication and driving.

Q I have been in a serious accident and an insurance company representative has come into my hospital room and is encouraging me to sign papers pertaining to them paying certain expenses for me. Should I sign these?

A Absolutely not! You need to contact an attorney immediately to find out what those papers are and the purpose of the insurance agent visiting your room.

Q I have been home from the hospital now for a week and an agent from the insurance company has come to my home to talk to me about my case and is seeking to tape record my answers. Should I permit him to do this?

A Absolutely not! Ask him to leave and call Mr. Kaydouh immediately.

Q I have already proceeded with sending the bills from the accident to my own insurance company who now wishes to take a recorded statement. Should I do this at this time?

A You should first call Mr. Kaydouh to discuss with him the case and to formulate a comprehensive account of what information you need to tell your own insurance company.

Q I was injured at work through the negligence of a third party who doesn't work for my employer. Do I have a claim against the third party, as well as a worker's compensation claim?

A If the other person did not work for your employer and was a third party, you very well may have a claim against him, as well as a worker's compensation claim.

Q The insurance through my employer states that it has a valid lien against the recovery from the person who hit my car. Do I have to pay them dollar for dollar assuming it is a valid lien?

A Even though it is a valid lien, it can still be negotiated downward and that is what our law firm provides in our services to you if you hire our firm.

Q I have been in an accident and at the time of the accident I was not feeling any pain and now that it is the next day I have terrible pain in my back and neck. Should I go to the doctor now or wait until things sort themselves out?

A If you are having pain you should immediately go to an emergency room or call your physician for an appointment otherwise the insurance company will attempt to deny that you were injured.

Q The insurance company for the other driver wants me to sign a release to obtain all my medical records. Should I sign this?

A Absolutely not. Your medical records should first be gathered by your attorney and prepared into a package and then presented to the insurance company once you have completed treatment.

Q The insurance company has asked for a release pertaining to my medical history prior to this accident. Should I provide this to be helpful?

A Absolutely not. At this time it is none of their business as to your previous medical history and it may very well constitute an invasion to your privacy.

Q The other driver has offered to settle this case with me on his own and does not want to involve the police or the insurance companies. Should I accept his payment now, even though I am having pain?

A Absolutely not! You need to have the accident and your injuries properly documented so that when your condition finally resolves itself, a proper claim can be made on your behalf.

Q The insurance company for the other driver has said that if I do not take their small offer that they never again will offer me anything. What should I do?

A Call Mr. Kaydouh immediately. We need to investigate this case, prepare a proper claim, and file an immediate suit against the other party, if necessary.

Q Another driver hit my car and drove away. I do not know who they were or any information about them. Am I allowed to make a claim?

A You certainly are. You have a right to sue under the uninsured motorist coverage of your policy.

Q My automobile accident occurred in Maryland, but the other driver lives here. Where can I file a lawsuit?

A You can file a lawsuit in Virginia where the other driver resides, or in Maryland where the accident occurred.

Q&A

(703) 790-5080

McLean, VA 22101