Personal injury cases are handled on a contingency fee basis. In almost all cases handled by my office, no out-of-pocket expense is required of the client. The attorney gets paid only when the client gets paid. The office covers all costs occasioned by the claim – even paying medical expenses when necessary. If filing suit is necessary, the office covers that expense too. The attorney fee is calculated as a percentage of the total settlement or trial verdict. Any costs that are spent in getting the case to settlement or verdict will also be deducted from the total amount to reimburse the office. The attorney only gets paid a fee, and the office only gets reimbursed for costs, when the case settles or when a successful trial verdict is achieved.

Immediately! In injury cases, time matters. The evidence is spoiling on the vine. We need to meet you immediately and discuss your case.

1. Check yourself and your passengers for any injuries.
2. Check all vehicles, drivers, and passengers involved for injuries.
3. Call law enforcement and report the accident.  Ask for an ambulance to be dispatched if injuries warrant EMS attention.
4. Do not move your vehicle unless there is a potential for oncoming traffic to impact it.  For instance, if you are on the “blind” side of a hill or a curve you should probably move your vehicle off the roadway (if possible) to avoid another wreck and/or further injury.
5. Use your cell phone to take pictures of the accident scene and the vehicles involved.
6. Share contact information and insurance information with all other vehicles involved in the accident after the police arrive.  Take a photo of the other drivers’ insurance cards.
7. Explain your side of the story to the investigating officer.
   1. Ensure the officer knows the direction you were traveling and
   2. the lane you occupied at the time of impact.
8. Intersections:
   1. Light control:  If you had a green light (green ball, green arrow) be specific and advise the officer.
   2. Sign control:  If you were at a stop sign, 4-way stop, etc., give the officer the details of who arrived first and who drove first, etc.
9. If you make a written statement:
   1. Be clear and concise.
   2. Do not be too wordy.
   3. Do not guess as to what occurred – only write what you know to be true.
   4. Explain direction of travel and lane of travel for your vehicle (and other vehicles if known).
10. Obtain the investigating officers’ names and badge numbers.
11. Notify your insurance agent regardless of fault.
12. If you were injured in the wreck, seek medical attention.
13. Pick up the accident report when it is ready.
    1. Review it.
    2. If you find a discrepancy, notify the law enforcement agency immediately.

A claimant has one year from the date of his/her injury to file a lawsuit. The filing of a lawsuit protects the injured party’s right to recover damages occasioned by the at-fault party’s negligence. Not all claims require the filing of a lawsuit – many are resolved by settlement long before the one-year mark. At any time before the filing of a lawsuit, the matter is referred to as being in the “claims stage.” After the lawsuit is filed, the matter is referred to as being “in litigation.”

Sometimes a lawsuit is filed sooner rather than later – if liability is in dispute at the claims stage, an attorney will usually file suit to move the case into litigation. “Liability” is lawyer and insurance company language for “who’s at fault?” When each side is pointing a finger at the other side for who’s to blame, lawyers get involved and conduct “discovery” to flesh out liability. If interrogatories, requests for production of documents, requests for admissions, and depositions cannot sufficiently put the liability issue to rest, a trial may be necessary to allow a judge or jury to make the call as to who’s at fault.

Very few claims move into litigation. Very few litigated cases go to trial. But some do.
You’ll need a good trial attorney if that happens. Pick a good trial attorney at the outset of your claim and you won’t have to worry in the event your matter proceeds to trial.