PERSONAL INJURY

Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, medical bills and stress placed upon families and loved ones.  If you have suffered physical or emotional injuries due to another's acts, you may be entitled to bring a personal injury claim to recover for your damages.  Recoverable damages include past and future medical expenses, physical pain and suffering, mental anguish, physical impairment, disfigurement, lost wages, and loss of earning capacity. 

If you have been injured, it is crucial that you take immediate action and hire an attorney to protect your rights and level the playing field with the insurance company.  Your claim should be investigated promptly and evidence must be gathered as quickly as possible. Time is of the essence in a personal injury case. 

Although many people usually only think of auto accidents and slip and falls when they think about a personal injury case, there are many other types.  Click here for a list of the many different areas and types of personal injury cases.

OUR OFFICE AS YOUR ADVOCATE

Upon being retained, our office will initially investigate your case.  If needed, we will hire a special investigator to interview you and obtain statements from any witnesses that may exist.  During our investigation photographs will be obtained and we will assemble all the information that is available as to how the accident occurred and who is responsible.  In addition, we will want to obtain photographs of your injuries before the cuts and bruises have had a chance to disappear and heal.

As the investigation is being conducted, our office will prepare a letter to each of your physicians and request medical records.  We may also wish to contact the physician to personally interview him before requesting a written report.

Your insurance company and/or the defendant’s insurance company will want to have a list of out-of-pocket expenses from you with copies of supporting documentation.  These are called special damages and will include:

●             doctor bills, hospital bills, and medical bills,

●             any loss of earnings or income which occurred as a result of the accident,

●             any property damage.

For items of property damage, if you have repair estimates and photographs of your automobile, please provide those to us as well.

Any and all inquiries from the person responsible for your injuries or their representatives, including their insurance company, should be referred to our office.  You should not discuss the details of your accident or your injuries with people who are not entitled to that information.  If an insurance company representative contacts you inform them that you are represented by an attorney and refer them to our firm for all of their questions.  Important:  Do not discuss your case with the insurance companies - Refer to them to our office as your attorney.  Please note:  Insurance companies will often attempt to record conversations with you.  If you have already made statements to any insurance company representative or anyone else, notify us immediately of these statements and we will attempt to obtain a copy of them.

INFORMATION REGARDING YOUR MEDICAL TREATMENT

You are entitled to the best medical care available to cure or to minimize the effects of your injury.  It is essential that you assist us in obtaining copies of bills and receipts for all medical expenditures you have made.  Your financial loss is sometimes less important then the effects of the injury.  We need your assistance to keep us informed of the effects of the accident on your life and in furnishing information as to where we can get credible and admissible testimony to prove the effects of your injuries on your life. 

One of the jobs of the legal assistants and paralegals working on your case is to accumulate all of these medical records and expenses.  It is essential that you communicate with them during the course of your medical treatment.  Our office will promptly answer any questions you may have regarding your case during your treatment.

You should continue to go to a doctor as long as your injuries continue to bother you.   Cooperate with your doctor in every way, and relate to him or her truthfully and fully all symptoms that you have that were a result of this accident.  Answer completely all questions that he asks you.  As long as you still need medical attention you should continue to obtain the medical care you need.  You should not talk about the legal aspects of your case when you see your doctor.  Your doctor may the impression that you care more about a legal settlement than your health and getting well.

If you have had prior injuries - particularly to the same area of the body you must let us know during your initial consultation.  This information often appears in medical records and it is not in your best interest to attempt to hide that fact.  As long as we are made aware of any prior or subsequent injuries we can  better prepare your case with this information.

One of the most significant factors affecting the value of your lawsuit is whether or not we can establish by doctor testimony that you have suffered a permanent injury because of the accident.  Doctors know from experience that the full extent of a person’s injuries is usually not known until several months after the accident.  It is important for you to update us on a regular basis of your medical progress - including when your doctor refers you for physical therapy or to another doctor.  We will then be able to get complete copies of all your records and better prepare your case.

THE VALUE OF YOUR CASE

Some insurance companies in cases where the liability or fault is clear relate the value of the case to the special damages.  This is often unrealistic because other major factors including:

●             physical pain and suffering;

●             the inability to enjoy previous hobbies and activities; and

●             the loss of your capacity to lead a normal life

may have a greater impact on the value of your case than any of the special damages.

After we have fully investigated and worked on your case, we will make the best estimate of the smallest and largest jury verdict we could likely obtain - and the probable legal outcome.  This figure is based on our experience and research regarding jury verdicts for similar cases.

MOTORCYCLE / AUTOMOBILE ACCIDENT CASES

There are special factors that influence the value of your case.  These factors also affect whether or not we will be able to file a lawsuit on your behalf.  There are situations where the driver of the other vehicle had no automobile / motorcycle insurance or had automobile / motorcycle insurance in the least amount that can be carried by law.  It is therefore necessary for us to know whether you have a policy of vehicle liability insurance and whether you have purchased uninsured motorist coverage on that policy.  In most states an injured person is permitted to make a claim for his pain and suffering under his own insurance policy if he has uninsured motorist coverage.  Sometimes this coverage may be the only source of recovery for yourself or your family for the negligence of another driver.

FILING THE LAWSUIT

In some jurisdictions you are only permitted to file a lawsuit within two years of the date of the accident.  This time period is called the 'statute of limitations' and is provided for by law and once that time period has elapsed you are forever barred from pursuing your claim.  Therefore, It is important that you contact a lawyer as soon as possible after an injury.  We usually will not initiate a lawsuit until the permanency of your injuries becomes known or until this time period is about to elapse, whichever comes first.  If we file a lawsuit, you are the plaintiff.  A complaint is filed on your behalf which states the reasons why we believe you have a cause of action against the defendant, and it sets forth the claims we are making. The defendant has twenty to thirty days after he has been served with the papers of the lawsuit to respond or answer that claim.  In the defendants response, he or she will often claim that you contributed to your own injuries.  This is where having our firm working on your case will be very helpful.

Many clients want to know how much we are going to sue for.  In order to recover the maximum amount possible, we will wait to see the full extent and permanence of your injuries before we can decide on a specific amount.

During the course of the lawsuit we will take testimony from all witnesses and doctors who may be involved in the case.  In addition, the attorney for the defendant will send written questions known as interrogatories - which must be answered under oath in writing.  The attorney for the defendant will also take your deposition.  A deposition is oral questions given to you under oath in an informal setting.  As your attorneys, we will prepare you for your deposition and attend it with you.

This phase of the lawsuit is called discovery - and its purpose is to attempt to narrow the issues for trial.  There are certain items of damages that you are entitled to recover in most lawsuits.  These include:

●             Past pain and suffering

●             Future pain and suffering

●             Loss of income

●             Future loss of income and loss of earning capacity

●             Out of pocket expenses, such as doctor bills or other medical bills and property damage that has not been reimbursed to you

●             Loss of consortium on behalf of the non-injured spouse.  That is the loss of services of an injured spouse in all ways that the spouse renders service to his or her mate including housekeeping, lawn mowing, maintenance, cooking, companionship and sexual relations.

We will not settle your claim without your permission and we will advise you of any and all offers of settlement that are made to us on your behalf.

The following is a list of important things that you can do to help us in our representation. This list is designed to help you furnish us with information that is of great importance in preparing your case for both trial and settlement purposes. You should keep us informed of any changes that may occur.  Please try to provide us with the following during the course of your case:

●             A diary of your activities with emphasis on restriction of the activities caused by your injuries, specific pains and the frequency of them, the frequency of medications taken, and the kind of medication. This diary may be useful to refresh your memory as to the occurrences that might be forgotten. This should be kept personal and may be as simple as jotting remarks on a calendar when appropriate.

●             Keep any physical objects such as shoes or clothing that you had on at the time of the accident. We may need to use them as evidence at trial.

●             The names of neighbors, friends, employees or relatives who knew of your activities both before and after the accident.

In addition, it is important that you provide our office with itemized receipts of:

●             hospital bills,

●             doctor bills,

●             ambulance bills,

●             nursing bills, and

●             drug bills

Also include all other expenses you incurred as a result of the accident including:

●             travel to and from the doctor's office and any time you have missed from work as a result of these office appointments, and

●             any additional help around the home or business that you have required (including babysitters or domestic or yard help).

PERSONAL INJURY: Types of Cases and Different Areas

●             Wrongful death claims seek compensation for losses resulting from the family member's death.

●             Wrongful death claims seek compensation for losses resulting from the family member's death.

●             Brain injuries due to medical malpractice can include hypoxia and untreated/misdiagnosed conditions (such as tumors).

●             Auto accidents are the leading cause of death for Americans under the age of thirty-four.

●             Car accident settlements can be the result of any type of vehicle accident involving pedestrians, other vehicles, or property on a small or large scale.

●             Around 500,000 trucking accidents occur every year in the United States.

●             Train accidents cause "reportable damage above an established threshold" and generally involve collisions.

●             Motorcycle accidents have killed over 100,000 motorcyclists since 1966.

●             Different burns come from a variety of sources, and the level of damage by burns varies according to the severity of the injury.

●             Concussions can cause serious brain malfunctions, even though they rarely manifest themselves as external injuries.

●             Strict liability mandates that responsibility for some accidents automatically rests with the defendant rather than the plaintiff.

●             Every year, around 11,000 Americans will suffer a new spinal cord injury, adding to the already 250,000-400,000 Americans currently suffering from a spinal cord injury.

●             Back and neck injuries are the second most common reason people visit the doctor and are the most frequent reason people miss work.

●             Toxic tort litigation confronts the unwillingness of corporations to police themselves, and through the implementation of toxic tort law, recovers damages for victims and enforces regulations through civil courts.

●             A 1998 study conducted by the U.S. General Accounting Office (GAO) concluded that more than half of the suspicious deaths studied in nursing homes were probably due to neglect, including malnutrition and dehydration.

●             Class action lawsuits can address any issue covered by "typical" lawsuits: product liability, toxic exposure, and fraud.

●             Construction accidents refer to any accidents taking place on a building site. The person injured in a construction accident could be a bystander or a worker.

●             Toxic Molds are found in virtually every ecological niche and are found outside in nature and in homes and buildings. They are most prevalent in areas that have moist or wet climates. They are often found indoors in humid spaces such as basements or showers. Some authorities believe as many as 50 percent of all homes may have some level of Stachybotrys infestation.

●             The major cause of traumatic brain injury is from motor vehicle accidents. Other causes include falls, sports injuries, violent crimes, and child abuse.

●             Paraplegia is caused by spinal cord injury, interrupting signals between the brain and other body parts.

●             Industrial accidents are usually pursued under worker’s compensation laws. However, in the case that industrial accidents result from defectively designed or manufactured equipment, or negligence of someone besides the employer, industrial accidents can be sometimes cause a personal injury action.

●             Product liability includes problems resulting from defective designs and improperly manufactured products.

●             Quadriplegia is a condition in which victims have lost sensation and mobility in both their lower and upper body.

●             Because deciding one's reasonability is often a subjective task, slip and fall lawsuits are tricky to handle.

●             In the decade between 1991 and 2001, an average of 26 children died each year in school bus accident.

●             Reported boating accidents totaled 5,705 and resulted in 750 fatalities and 4,062 injuries in 2002.

HOW DO I GET STARTED?

Call our office at 770-609-1247 and make an appointment for a CONSULTATION with one of our attorneys.  Of course, if you have any questions in the meantime, please do not hesitate to call.

We hope you find this information helpful.  Please contact our office if you have any questions.