PERSONAL INJURY IMPORTANT FACTS YOU SHOULD KNOW
You have sustained injuries arising out of an accident due to the negligence of another party, whether it be a person or corporation. Although no amount of money can make up for the misery you have, you have come to this office to seek compensation for the damages you have sustained I have found it helpful to acquaint you with the procedures that will be followed and to tell you what will be happening during the pendency of your claim.
Preliminary Investigation
The first step our office takes is to conduct an extensive preliminary investigation of the facts of the case. This includes obtaining the police report, obtaining any photographs of the scene and vehicles if possible, and contacting witnesses and obtaining their statements.
If your case is a medical malpractice case or products liability case, more investigation deeds to be performed, such as contacting expert witness in order to prepare an evaluation as far as negligence and liability is concerned.
There are two elements that make up a personal injury case: liability and damages. There may be significant injury or damages, but no liability; or good liability, but little damages. In either case, there is little or no value to your case. When our office determines from the investigation of the facts that we have obtained that is worthwhile for everybody concerned to proceed we shall enter into an employment agreement.
Employment Agreement
We have a standard employment agreement which we ask all of our clients to enter into. This sets forth in writing the fact that you have retained me to represent you and the charges that you will be expected to pay.
Generally, this office charges its fees on a contingent fee bases, which in essence is a percentage of recovery. If there is no recovery, no fee is owed this firm. Please note that certain charges such as filing fees, photocopying costs, photographs, deposition costs, postage and expert witness fees will be charged to you. You will be given the employment agreement to examine and if you should not understand any of the terms, please ask me to explain them to you.
Attorney Lien Letter
As soon as possible thereafter, our office will write an attorney lien letter to the other party or liability insurance carrier, putting them on notice that our office is representing you. After this letter, you should not be contacted by any lawyers, or insurance adjusters. If you are, tell them you are represented by this office and refuse to give them any statements.
Preparation of Case
After the preliminary investigation and attorney lien letter, our office will proceed in collecting the medical records from all physicians, medical health providers, and hospitals, reviewing the doctor's opinions, obtaining all medical expenses, and documenting all other elements of damages, such as lost earnings and property damages.
I want you to know that most of the time, preparation of the case take time. Please have patience. Often it takes a great deal of time for injuries to stabilize and for us to collect the relevant evidence before we can effectively evaluate the case from a settlement prospective.
Evaluation
After all of the relevant documentation has been received, we shall then review your file and consider all of the aspects of the case. This includes the comparative fault of the parties as far as negligence is concerned and the nature and extent of your injuries and damages sustained. It is also necessary to review the jury verdicts in the area and us past experience in pervious cases to make the ultimate determination as far as the value of your case is concerned. We will then relate to you what we have considered to the value of your case.
Negotiations and Settlement
At this point we take the first step toward negotiation and settlement. This is usually one of the most difficult tasks the lawyer performs. We prepare a settlement brochure and forward this to the insurance adjuster handling the case along with our demand.
The insurance adjuster is usually an individual who is well-trained to evaluate claims and settle them. The adjuster is an expert in this field and will take the information that we have provided and likewise evaluate the case, and establish a dollar range in which to settle the claim. Usually, the case is not settled at the first negotiation session. In order to obtain the optimum settlement for you, it be necessary to meet with the adjuster many time. So, again, be patient and calm. The ultimate decision to accept any offers from insurance companies will be yours. All offers will be relayed to you.
Lawsuit
Normally, 90% of all cases are settled out of Court. This means prior to trial of the matter. We always prepare every case as if it were going to trial, because we don't know which cases are going to be settled and which ones will have to be tries. Lawsuits tend to be expensive nowadays. Many expenses must be incurred and this is one factor for both parties to consider prior to trial.
Sometimes insurance companies, in their endeavor to save their money, do not agree with our evaluation and it is necessary to take this matter to Court to resolve our differences.
I will go over all of the procedures of the lawsuit with you in complete detail at a later time, but briefly the steps in litigation are composed of the following.
- Petition--This is the actual lawsuit and allegations that we file with the Court.
- Answer--This is the reply that the Defendant files to our Petition.
- Discovery--This consists of depositions, interrogatories. Requests for Admissions, and Requests for Production by which each of the parties gathers information which will aid in the trial of the matter. this is usually the most complicated and lengthy portion of the litigation process.
- Pre-Trial Motions--Sometimes it is necessary to go to Court to obtain rulings from the Court in matters of law that arise between the parties during the litigation process. Sometimes there are very minor points, but sometimes these motions can be very major, such as actually trying to dismiss the case.
- Pre-Trial Conference--As soon as discovery has been completed, all Pre-Trial Motions have been ruled upon and there are still no prospects to settling your case, a Pre-Trial conference is held. This is the meeting with the judge by both parties. Both parties discuss with the judge the issues of law and fact and acquaint the judge with the case. The judge then sets the time for the trial of the matter.
- Trial--This is the ultimate court proceeding either to the judge or jury to resolve the case. All testimony and evidence is presented and the trier of fact determines the merits of our cases in terms of both liability and damages.
Your Conduct
You definitely play a major role in this case from the moment you walk into this office. First of all, I must admonish you not to discuss this case or give recorded statements with the insurance adjuster or representative of insurance companies without me being present. It is not that you have anything to hide, but as you know, sometimes words can be misinterpreted or meanings stretched by almost everyone.
Secondly, you should try to keep all doctor's appointments and tell your doctor everything that hurts you. Now is not the time to be brave. It is the item to see to it that you receive all of the medical treatment that is necessary to stability your condition. It may be that you will never be in the same condition as you were prior to the accident. Only through accurate medical diagnosis and treatment can you reach maximum recovery.
Thirdly, keep track of all of your prescriptions and mileage to and from the doctor's office. These are elements of your damages and you are entitled to compensation for these expenses.
Fourthly, it is helpful to keep diary of your activities. Let me know what activities you are having difficulties with or are restricted from participating. Do not participate in any activities which might aggravate your condition.
Fifthly, keep track of all the time you missed from work. Lost wages are an element of damages. You might wish to notify your employer of your injuries, so that you might not re-injure yourself at work. Also your employer might be more understanding, if you have difficulties at work performing your normal duties.
Lastly, keep a good outlook toward this case and again: BE PATIENT. Keep in constant contact with me and let me know how you are progressing. Let me know of any change of address telephone number, or change of address. Don't guess whether the information might be important to me. Let me make that decision. Only if we can work together, can we reach a successful result in this case.
LOUIS S. WEXLER
