Personal Injury Brochure

AN OVERVIEW

The American system of compensating those who are injured by the negligence or wrongdoing of others is fairly unique in all the world. We have developed a body of tort law (“tort” means “a personal wrong”) that tries to make things right when someone is injured.  This brochure is designed to give you an idea of some things that you can expect if you have suffered a personal injury.

WHAT YOU SHOULD DO

AFTER AN ACCIDENT

Accidents can happen to anyone.   The results can be tragic and sometimes permanent. One of the most important things you can do to help me with your case is to keep good records. 

Gathering the Evidence:  The beginning of your case involves gathering evidence to prove that you have a claim.  Some of the information we will have to gather will include, medical bills, reports and records and lost wage information.   Medical bills and records we can obtain, but make sure you bring or fax me all work excuses .

Placing a value on your case: Estimating a victim’s potential recovery requires evaluating the factors that juries consider when awarding money for an injury.  There is no set formula on deciding how much your claim is worth.  Lawyers and insurance adjusters evaluate your claim. I always discuss the value of your claim with you before discussing it with anyone else.

What damages you can collect:   Some of the items you are allowed to collect for in an injury case may include:

• Medical expenses
• Pain and suffering
• Lost wages and earnings
• Future lost wages
• Property damage
• Mental anguish
• Death benefits
• Loss of consortium

Proving cause in fact:  You must prove your damages.   You can say “I want a million dollars”, but you have to prove how you were caused a million dollars in damages.

INSURANCE ADJUSTERS

Once you have signed up as my client and I notify the insurance company that I represent you, the insurance company should no longer contact you about your injury claim.  If someone does call you, ask for their name and telephone  number then politely terminate the call.  Notify me and provide me with the name and telephone number.  Insurance adjusters work for the insurance company, not you.

PHOTOGRAPHS

Photographs show damage and injury better than medical records and estimates. Our office will secure photographs of the accident scene, the damage to your car and your injuries.

FRIENDS AND FAMILY

Friends and family may want to give you legal advice because they knew someone who went through the same thing you are going through.  It is not a good idea to accept this kind of off-the-cuff legal counsel as competent.  Always call me for the answers to any questions you have about your case.

CHANGE OF ADDRESS

Be sure to let me know immediately of any change in your address or phone number.  I may from time to time receive something on your case which needs to be relayed to you for prompt action on your part.

RETURN TO WORK

You should return to work as soon as your doctor says that you are physically able to do so.  Please make sure you bring a copy of all off-work excuses to my office.

REIMBURSEMENT CLAIMS

If you have health insurance and you have made a claim against that company to pay medical bills resulting from your injury, your health insurance may ask for reimbursement of the benefits paid on your behalf.  If you receive a letter from your health insurance carrier regarding any bills they paid as a result of your injuries, please make sure you inform me immediately.

HOW LONG WILL YOUR
CASE TAKE

Insurance claims can be made through the court system, but only a small percentage of auto accident cases are taken to trial.   Almost all cases are settled for some reasonable amount within a year. Normally, as soon as you have reached maximum medical  improvement, a final settlement amount can be negotiated.   There is no set time for any case. Every case is different and has its own issues.  Every case takes as long as it needs, and you should only settle for the full amount you deserve.

THE LEGAL PROCESS

These are the steps you will go through in a personal injury case:

• Gathering evidence—You must prove  legal causation and your damages.
• Reaching MMI-Once your doctor releases you or states that you are as good as you are going to get, our office will gather  the medical evidence in your case.
• Settlement Demand—Once we have all the evidence, we will send this information to the adjuster along with a demand that you authorize.
• Negotiations—After the adjuster reviews your case, they normally call with a lower offer.  I will negotiate your claim with the adjuster.  I will not settle your case without your permission.
• Settlement Reached-If settlement is reached, you should receive a settlement check within  four weeks.

If settlement is not reached at this point, we will begin litigation:

• Filing the complaint-This starts your lawsuit.
• Service of process-This part of the case is proof that the other party received the lawsuit.  
• Defendant files his answer-After a person receives a copy of the lawsuit, they have 20 days to file an answer to the lawsuit.
• Written discovery-This is where we ask for facts, admissionsand documents from the other side.  Questions are in writing. Answers are given under oath.
• Depositions-Similar to written discovery; however, depositions are oral answers to questions.  See our brochure on “Giving your Deposition” for more information on this issue.
• Trial– After you have gone through all the above steps and you cannot reach a settlement, you go to trial.