What Happens Once We Accept Your Case

Our initial investigation will involve gathering such things as police reports and speaking to various witnesses whose names you may have provided to us. If necessary, we will also take photographs of the accident scene and in some cases may have to retain a professional engineer to reconstruct your accident or to render an expert opinion relative to your case. We may also contact the Internal Revenue Service, your employers, schools or other persons who may have information we need relative to assisting in the handling of your case. If necessary, a professional investigator will be hired by us to assist us in the investigation of your case.

EVALUATION

It is important that you understand that we will make no attempt whatsoever to settle your case until your medical treatment has concluded or you have reached a plateau and you have so advised us. The reason for this is that the exact nature of your injuries cannot be determined until the conclusion of your treatment. Therefore, we are unable to place a value on your case until all medical treatment has been concluded. It is therefore imperative that you contact our office immediately upon your discharge from treatment so that we may be able to obtain your medical records in a timely fashion. It can generally take several months to gather the required information from your doctor until he has discharged you. Prior to obtaining your medical records, we will forward to you a medical treatment summary form which we ask that you complete relative to all treating physicians. You must understand that only the doctors and hospitals which are provided by you on this informational form will be contacted by us. Therefore, it is important that you keep track throughout your medical treatment as to the doctors you see, the tests you are given, the prescriptions you receive, and any hospitals you may visit. You should also keep track of any expenses you incur and likewise keep track of days you miss from employment as a result of the injuries you may have sustained.

As soon as the investigation has been completed and all necessary medical information has been obtained, we will evaluate your case for purposes of making a settlement demand on any potential defendant.

LITIGATION

It is also important that you understand that in most cases we do not start a lawsuit until we have made an attempt to amicably settle your case after your medical treatment as been
completed. However, in other cases it may be necessary to start a lawsuit at the beginning of the case depending on who the defendant may be or the position they have taken relative to liability.
A lawsuit is started by serving the defendant with a legal document which is called a “complaint”. The complaint is a legal pleading which states in summary form the allegations of
negligence and the injuries or damages you have sustained. Once this is served on the defendant, the defendant will be forced to retain an attorney so that an answer can be filed to the complaint.

I would like to point out that although a lawsuit may be started, settlement is always possible and it very often may occur just prior to an arbitration hearing or trial.

DISCOVERY

After a lawsuit has been initiated both sides have the right to obtain information about the
case by way of the “discovery process”. The discovery process my involve you answering written questions which are called “interrogatories”. You also may be requested to attend an independent medical examination by a doctor who is chosen by the defendant. Likewise, you may be requested to come to our office or the defendant’s attorney’s office to give a “deposition”. This is a process in which the defendant’s attorney may ask you questions about your case prior to trial. Likewise, this office may take the deposition of the defendants prior to trial.

A deposition is testimony which is given under oath in the presence of the attorneys and a court stenographer who takes down the testimony and creates “notes of testimony” which can later be used at the time of trial. Should your deposition be scheduled, we will provide you with further information, specifically on how to prepare and handle the deposition.

Interrogatories are written questions which either attorney may submit, and which have been answered in writing under oath after having been received in the mail.

If the defendant requests that you be examined by a physician of their choice, they will pay the costs of this examination and a report will be issued by the examining doctor. We have a right to obtain a copy of that report and a copy will be provided to you.

Once again, at any time during this discovery process settlement may occur. We must emphasize that at all times you must be candid since your failure to provide information in your interrogatories or during your deposition could hurt your case at a later date.

ARBITRATION/TRIAL

If after concluding the discovery process we are unable to settle your case, your case will
then go to either arbitration or trial depending on the amount of money which we are seeking. This will be explained to you prior to requesting an arbitration or trial. Once again, cases are often settled within a few days of the arbitration hearing or the trial date. If your case cannot be settled for a fair amount of money, we will, with your permission proceed to arbitration or trial. Before we go to arbitration or trial we will spend time on detailed preparation of your case. It will be necessary for you to come to our office either in advance or in some cases on the day of the arbitration or trial to prepare you for these proceedings.

It is absolutely necessary that we have your complete cooperation in helping us prepare for your hearing.

We would also bring to your attention that the insurance companies involved have an index system on a nationwide basis which shows all the people that have made claims before for other injuries. If you have made such a claim in another accident for another injury, your name will be in the index and they will have this information. You are therefore urged to be absolutely frank with us with regard to prior accidents, lawsuits, and injuries. Your failure to provide this information once again could hurt your case.

CONCLUSION

The information contained in this letter is very general in nature and each case must be evaluated individually as to how it will proceed. Although I will personally supervise the handling of your file, it is necessary that you understand that you should cooperate with all attorneys, legal assistants and or other staff of this office who may contact you, as your file will be handled on a “team” approach. Therefore, it is possible that you may be contacted by one of the other attorneys in this office with regard to answering interrogatories, preparing for a deposition, or going to arbitration/trial.

We will make every effort to keep you informed as to the progression of your case. However, we want you to understand that if you have any questions whatsoever at any time please do not hesitate to contact any one of us. Should any phone call go unreturned, I would urge you to contact me personally and I will make every effort to get back to you within a reasonable period of time.

Please be careful to read the following suggestions:

Do not discuss your case with anyone other than your attorneys or doctors;

Do not sign anything with respect to your claim until you have checked with your attorneys;

Obtain receipts and keep records of all drugs, appliances or bills incurred as a result of your injuries;

Notify us at once of any change of address, employment or other facts which affect your case;

If you are going to be out-of-town for more than a few days, please call us and inform us of this fact;

If, after consulting us, you miss any work because of your injuries, please notify us right away of your absences;

Should you go to the hospital at any time, please notify us of the date of the visit, the purpose of the visit and, if you received a bill, please provide copies of any and all bills;

If you are self-employed, keep a record of all times that you have been unable to work or perform your duties, or miss any time;

Keep a diary regarding your recovery from your injuries. This will be extremely helpful to you to explain the nature of your injuries at a later date;

You are under no duty to talk to anyone. They have no right to interview you or ask you questions once you have retained us to represent you. Such discussions cannot help your case; they can only damage and possibly be detrimental to your case. Refer all such persons to your attorneys if they contact you;

Do not think that harm cannot be done to your case as long as you do not sign or initial written statements. Your oral statements can be equally damaging. Any statement, whether written or oral, can be introduced into evidence against you at the time of your arbitration hearing or trial.

This is by no means a complete list. The only instruction we can give you is, when in doubt, keep a written record of all items of expense that you think might conceivably be related to your accident.