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PERSONAL INJURY
Accidents often cause extraordinary suffering and loss. Even
relatively minor injuries can result in lost time from
work and medical expenses. The injuries received
by a personal injury victim can have catastrophic consequences,
affecting not only the injured person but also family members.
For over 30 years our office has been representing victims
of automobile, truck and motorcycle accidents, as well
as slip and fall accidents, and other harm caused by another
person’s negligence or wrongful act. Our experience
in handling personal injury cases like yours can make a
significant difference in the ultimate outcome of your
case. We understand the serious nature of your injuries
and our focus is on getting you the best possible result
while giving you our full, personal, and dedicated attention. Our
goal is to get you the best treatment and care so you can
get well and be compensated for your losses as soon as
possible. It is our commitment to recover compensation
for your:
· medical expenses that you incur
now and in the future
· physical pain and suffering
· mental distress
· loss or destruction of property
· permanent physical damages
· lost wages
What to do if you are the victim of a personal
injury:
The most important thing to do is seek appropriate medical
treatment for your injuries. To protect your legal
rights, contact our office as soon as possible after your
injury so that we can offer advice at this critical time. We
can guide you to appropriate treatment, assist in having
your necessary medical and treatment expenses processed
and paid, while making certain you are receiving the benefits
and compensation you are entitled to.
It is also important to document the facts, circumstances
and details of the accident while still fresh in your memory. If
possible, take photographs of the accident scene and your
injuries and write down the details of how the accident
occurred, and the names, addresses and phone numbers of
any witnesses.
Evaluating your case:
During your initial consultation with our office, we will
evaluate your case to determine if your injuries were cause
by the negligence or wrongful act of others, and whether
the person or persons responsible for your injuries have
money, resources, or insurance to cover and compensate
you for those losses.
Proceeding with your case:
Often the seriousness of your injuries dictates how quickly
your case proceeds. To determine the extent of your
injuries and your just compensation, we need to save your
medical bills, pharmacy receipts, and all health and accident
forms. We will provide forms to you for keeping track
of days missed from work, doctor appointments and other
accident related appointments. Some clients keep
a journal which is helpful in recalling dates and events. We
suggest you create a folder or file for this information.
Our office will also obtain accident reports, hospital
records, and doctor reports relating to your injuries,
and file a claim on your behalf.
Settling your case:
Once you have completed treatment for your injuries,
or recovered as much as possible, your case is ready
to proceed with settlement of your claim. To determine
an appropriate settlement, we will carefully evaluate
your case based on your injuries, damages, losses and
liability. A comprehensive settlement packet will
be sent to the responsible party giving them all of the
information necessary to settle your claim. That
packet will outline the nature and extent of the injuries
suffered, your losses, and will contain a request for
appropriate compensation. Most cases are settled
through informal negotiations without the necessity of
a trial unless the responsible party is unwilling to
fairly compensate you for your losses.
Alternative Dispute Resolution:
When the responsible party is unwilling to settle or
fairly compensate your losses, other methods of encouraging
settlement are available. Taking a claim to trial
can be expensive and can add delay and anxiety to the
resolution. Mediation and Arbitration are alternative
means of settling your claim without the necessity of
trial.
Mediation:
An alternative to going to trial, is resolving your
disputed compensation through mediation with a impartial
third party; a mediator. Mediation is a non-court
proceeding, giving the parties an opportunity to resolve
their differences. It is the function of a mediator
to resolve conflicts and persuade the parties to enter
into a mutually satisfying agreement. The decision
of the mediator is not binding if we are dissatisfied
with the result.
Arbitration:
Like mediation, arbitration is a non-court proceeding,
with a neutral third party presiding; an arbitrator. Arbitration
differs from mediation in that the decision reached by
the arbitrator may be binding.
The lawsuit:
If we are unable to negotiate reasonable compensation,
we will then prepare your case for trial and file a claim
on your behalf in the appropriate court; a lawsuit. There
are statutory time limits controlling the filing
of your lawsuit and we will monitor these deadlines closely
during your treatment. When your claim is filed
in court, it is identified as a Complaint. You
are identified as the Plaintiff in a lawsuit, and the
party being sued by you is a Defendant.
The process:
Once your lawsuit has been filed, the process of Discovery
begins. Discovery is a legal term describing the
formal and informal exchange of information between sides
in a lawsuit that will be used as evidence at trial. Two
types of discovery material relating to your lawsuit are
interrogatories and depositions. Interrogatories
and depositions are tools we will use to gain information
from the Defendant and prepare for trial.
· Interrogatories
Interrogatories are written questions sent from one side
in a lawsuit to the other, attempting to get written answers
to factual questions or seeking an explanation of the other
side’s legal contentions. Both the Plaintiff
and the Defendant in a lawsuit are obligated to answer
interrogatories under oath, attesting to the truthfulness
of their answers. These answers will be used during
trial and are similar to those that will be asked at that
time. You can also be asked to produce documents
through interrogatories, the names of witnesses,
photographs, medical records of treatment, and lost wage
verification. If you are served interrogatories,
we will assist you in gathering information and guide you
in answering these questions.
Depositions
A deposition is the taking of a witness’s sworn
testimony out of court. Its purpose is to gather
background and evidence, and bind the stories of the parties
and the witness. Depositions give a lawyer the opportunity
to assess the appearance and credibility of a witness,
and ask questions and obtain answers regarding facts. Depositions
are normally done in an opposing lawyer’s office,
with lawyers on both sides given an opportunity to attend
and ask questions. A court reporter is present transcribing
testimony to be used at trial.
As a party to the lawsuit, you may be deposed by the opposing
party. If you are, we will be there to protect your
interests. We will thoroughly prepare you prior to
the deposition, reviewing the facts and history of your
claim, easing your anxiety to make you a better witness. If
we are the party deposing a witness, you will have the
option of attending the deposition.
Trial:
When your claim cannot be resolved by alternative means
of settlement, or if those means are not appropriate to
settle your claim, we will proceed to trial utilizing the
evidence we have gathered during Discovery. You
will be thoroughly prepared to testify. We will work
with you to ensure you are confident and comfortable about
your court appearance.
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Regardless of the manner in which we elect to proceed
to settle your claim, you can be assured that you are being
represented by an experienced personal injury attorney,
committed to protecting your legal rights and obtaining
the best possible result and compensation for you.
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