Your Questions,
Answered

The Basics

What is a personal injury lien?

A personal injury lien is a third party’s right to take some or all of your settlement to satisfy repayment for an advance of money or services. In a personal injury case, this is most frequently a cash advance or medical treatment on lien.

Treating on liens means the healthcare provider does not ask for any up front payment for the treatment. Instead, the injured party or their attorney signs a document guaranteeing the provider will be paid from the personal injury settlement (usually before you are).

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How long does it take for a personal injury case to settle?

Every case is different, and it really depends on several key factors that we discuss here

But in general, our research shows that the average successful personal injury case takes around 1.5 years from the day the accident occurs to the day the injured person receives their check. But remember, this is an average. Some cases settle in as little as a few weeks, while others can take much longer or not settle at all.

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How much is my case worth?

The value of a personal injury case is determined by the severity of the case, largely tied to the injuries. PI cases are calculated using the medical bills, lost wages, future medical treatment and pain and suffering. Pain and suffering is the least predictable number in this calculation. There’s no set equation, but this number is a monetary way to compensate for the pain, inconvenience and impact to your life caused by your injuries. Since the settlement amount is based on your bills and pain and suffering, once a settlement amount is agreed to, the proceeds will be used to pay your medical bills, other liens, case expenses and attorney fees—the remainder will be sent to you.

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What is diminished value?

Diminished value (DV) is the cost of your car’s loss of reputation (yes, your car has a reputation) following an accident. Even if your car is repaired by a quality and qualified professional using all the necessary procedures to restore it back to its pre-accident condition, potential buyers won’t be willing to pay the same price. That difference in the pre-accident value of your car to the post-repair value of the car is how diminished value is calculated.

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What happens once my case is settled?

If the insurance company provides a settlement offer that you accept, you will have a chance to review the details and sign a settlement statement and release of future claims. That paperwork will be sent to the insurance company so they can issue the settlement funds. Your attorney will work with medical providers and any other lienholders to negotiate unpaid bills. Once the settlement check is received from the insurer the money will be used to pay your attorney fee, medical expenses, liens/loans and case expenses. The remaining money will be paid directly to you via check or ACH/wire transfer.

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How do I pay for a lawyer in a personal injury case?

Personal injury lawyers work on a contingency model. This means that you pay nothing up front, there’s no hourly rate for the time the lawyer spends on your case; instead the lawyer will take a percentage of your settlement if it settles. If you happen to lose your case, you owe nothing.

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What should I do after a car crash?

After a crash the most important thing to do is ensure you and everyone in your car are safe. If you are safe and able, you should get photos of the scene and of the vehicles and exchange contact and insurance information with the other driver or drivers. You should try to get any information that proves the accident happened and document as many details as possible.

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How do I know if I should pursue a personal injury case?

In order to pursue a personal injury settlement, there must be another party responsible for the accident who is able to personally, or more commonly through insurance, provide compensation. You must also have suffered damages in the form of a physical injury or emotional trauma.

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About Mighty

If I sign up with Mighty, who will be my point of contact?

Once you sign up with Mighty you will be paired with a Mighty case manager. We have a team of people (including your Mighty Law lawyer) who specialize in each area of your case; car repairs and rental, medical providers and treatment, settlement and negotiations, and a whole lot more. You will have direct access to your team through a single contact and you can reach them by email, text, phone or even by scheduling a video call.

Your Mighty case manager will stay with you from intake until your case settles. They will also be available to you anytime you need them down the road.

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Does Mighty charge to help me get financing?

No, Mighty doesn’t charge anything to help get you financing nor does Mighty charge anything at all. Mighty gets paid by Mighty Law and none of that cost is passed on to you.

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If I sign up with Mighty, do I still have to deal with the insurance company?

If you sign up with Mighty, your Mighty Law lawyer and the Mighty team will take over dealing with all the insurance companies involved in providing coverage. We will work with your insurance to understand your benefits under all applicable policies - the most common are your auto insurance and health insurance companies. We will confirm coverage, policy limits, and benefits. Then we will work with the insurance companies to get your bills paid and resolve your case. This includes car repairs, diminished value, medical bills, time missed from work and any other aspects of your personal injury settlement that come up.

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What happens if I sign up with Mighty but I lose my case?

While we will work hard to make sure you receive just compensation for your case, not every case resolves in the client’s favor. If you don’t recover, you don’t owe Mighty anything.

Mighty Law, like most personal injury firms, works on a contingency basis. That means you only pay us a fee if you win - meaning you get a monetary settlement. If that doesn’t happen, we absorb the cost of the time and other expenses we incurred in your case. You won’t get a bill at the end or be responsible for any of it.

Mighty will even will even assist you in obtaining the resources to move forward with things like getting your car repaired and understanding your options for treatment so you can move forward with your life.

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How does Mighty differ from traditional law firms?

In (almost) every way. From lower pricing to doing more than just legal services to being transparent the whole way through. We have a whole page dedicated to showing you the difference which you can find here.

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How do I sign up with Mighty?

Get started by filling out our form here. We will obtain your contact information as well as the details of your case. It is important to provide us with as much information as possible about the accident and how you’re feeling. Once we have collected all the information, a Mighty Law attorney will review your case, and determine if its lawyers and the Mighty team can assist you. Once it’s been determined your case fits our criteria, we will send you a client agreement from Mighty Law to electronically sign via email or text. The client agreement is the first step of a case and allows Mighty and Mighty Law to speak to the insurance companies on your behalf. Our team will be there for you to walk you through each step and answer any questions you may have!

With Mighty, you'll have 60 days from starting to try out the service without any commitment. If you leave during that time, you'll never owe us anything even for the legal work and expenses we incurred up to that point. We do this because we think it's important that people are able to try us out before committing. And even once the 60 days are over, you'll only pay if and when you win your case.

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How do Mighty Law's fees differ from standard personal injury law firms?

Simply stated, Mighty Law’s fees are lower than what a traditional personal injury firm charges which is 33-40% of your gross settlement as a fee. Mighty Law starts with a fee that is 10% lower.

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Does Mighty handle my property damage claim?

Mighty knows that recovering from your injuries is much harder if you are worried about your car and how you are going to get around so we will help you resolve every aspect of getting your car repaired.

Your Mighty case manager includes a property damage expert who, along with your attorney, can assist with each phase of your property damage claim. This includes:

  1. Analyzing available coverage - whether to use your insurance or the other parties’ for car repairs
  2. Understanding repair options and dealing with a deductible
  3. If your car cannot be repaired, helping you to get a fair settlement to buy a new car
  4. Rental car or other transportation
  5. Diminished value claim
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What are friends and family loans and what can Mighty do to help?

Some people may be fortunate after their accident to have friends and family who are willing to help financially. Certainly, you can coordinate with those friends and family privately if they’re willing to help. But, we also know that some friends and family may feel more inclined to give you a loan if it’s likely they’ll get paid back. We can do a few things to help:

  1. With your permission, we can talk to your friends and family so they feel more comfortable that you have a good case and you’ll actually get a settlement. 
  2. We can facilitate (at no charge) an interest-free loan between you and your friend or family member. Some friends and family may feel more confortable giving you a loan if it’s more formalized. And Mighty can guarantee to pay back your friend or family member from the settlement. To learn more about friends and family loans click here.
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Medical Care

If I use my health insurance for medical treatment, why would I have to repay it out of my settlement?

If your health insurance company paid your medical bills after your accident, they can file a claim to recover what they paid from your settlement later. This is called subrogation. Many health insurance policies have a subrogation clause in the fine print. How much they can recover depends on the policy, and Mighty and your attorney can help you evaluate your policy so you can choose the best path forward.

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Can I get medical treatment if I don't have health insurance?

Yes, definitely. If you don’t have health insurance or the ability to pay directly, you have the option to treat on a lien or letter of protection (LOP). This means the healthcare provider does not ask for insurance or money up front, and instead you or your lawyer signs an agreement promising to pay the provider back from the personal injury settlement before you receive your share.

At Mighty, we have a broad network of healthcare providers who accept personal injury liens and LOPs. Note of caution: treating on lien is often more expensive than going through health insurance or paying up front. That said, you'll only have to pay if and when your case settles.

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Does my auto insurance policy cover my medical care?

It’s possible your auto insurance policy includes Medical Payments Coverage (Med Pay). If so, Med Pay will provide a specific amount of coverage for you (and your passengers’) medical expenses from a car accident regardless of who was at fault. These can help pay for hospital stays, medication, physical therapy, and more.

Med Pay is automatically included in your policy if you live in Pennsylvania, Maine, or New Hampshire.

Personal Injury Protection (PIP) is similar to Med Pay but also includes lost wages and other expenses arising from a car accident, regardless of who was at fault.

PIP is automatically included in your policy if you live in one of these states: Delaware, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Texas, and Utah.

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Financing

I need money and my case hasn’t settled. What can I do?

You’re not alone. After an accident, people who are injured may not be able to work or may have extra expenses because of their accident and injuries. Mighty recognizes this is a critical time for you and wants to help you get through it.

You have lots of options, although none as ideal as your case settling lightning fast and getting your payout - but that’s rare. Here’s some things to consider:

  • Friends and family loans: If your friends or family are able to lend you money interest-free, Mighty can work with them to feel comfortable and secure that if your case settles successfully, they’ll get paid back directly out of your settlement proceeds. To learn more about friends and family loans click here.
  • Grants and charitable gifts: Some people, for example those with children or who are experiencing homelessness, may be eligible for government grants or private charitable donations. We’ll work with you to explore if you may be eligible. 
  • Plaintiff financing advance: This is an option where you sell or assign a portion of your settlement to a financial company in exchange for upfront money. Usually, the interest and fees are more expensive than a typical loan or even credit card interest. The benefit to a plaintiff finance advance is if you lose your case, you'll be able to keep the advance you already have without owing anything back.
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If I have already received plaintiff financing, am I able to get more?

Financing companies are often willing to give more money as long as the amount advanced remains below 10% of the value. If the first company you get financing from doesn’t approve you for more financing, but you find another company that does, that company may need to “buyout” the first financing company since financing companies often prohibit multiple fundings on a single case. These “buyouts” are expensive as they can often compound the rates and fees you pay.

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How much does legal financing typically cost?

Every case is different. Your attorney’s reputation, how far along your case is, and the individual merits of your case all factor into what financing companies might offer.

Plaintif financing rates tend to be higher than loans or credit card advances. One reason for this is that legal financing is non-recourse. This means that if your case loses, you owe nothing.

Rates vary from finance company to finance company. The typical ballpark cost could roughly equal 40% per year. That means if a financier advanced you $5,000 against your case and your case took 2 years, you’d pay back the $5,000 you received plus a $4,000 return.

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What is a plaintiff financing advance?

A plaintiff financing advance is when you sell or assign a portion of your settlement to a financial company in exchange for upfront money. They are almost always structured to be non-recourse and not a loan, meaning if your case loses, you keep the money and pay nothing back. If you win, you reimburse the money plus any fees and further returns you agreed to at the time of the advance. Usually, these fees and returns are more expensive than a typical loan or even credit card interest.

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What can I use the cash advance for?

While lawsuits can compensate you for expenses incurred as a result of a defendant’s actions, this can take a while, usually months or even years. During that time, expenses can pile up in the form of rent, bills, food, medical costs, etc., many of which have accumulated as a result of the events which led to your claim. Injured people use financing to help bridge the gap between their immediate needs and an expected settlement.

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How much plaintiff financing can I request?

Financing companies typically don’t finance more than 10% of your settlement’s estimated value. This means that if your case is worth $10,000, they will offer you no more than $1,000. This ensures that you retain the maximum amount of your settlement.

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