Getting a Lawyer
Avoid Early Problems with Accident Claims
Auto, Motorcycle and Truck Wrecks
Medical and Products Liability
Wrongful Death
Work Injuries
Other Types of Claims and Injuries
If you Have to File a Lawsuit
Settlement of Cases
Avoid Early Problems with Accident Claims
Whenever someone has been injured
in an accident, that person should immediately seek medical care for all
injuries. Many people do not realize
they are injured at the time of the accident.
Passage of time and lack of appropriate medical care can seriously harm
the injured person's health and potential legal case. Seeking prompt medical care helps to restore health, to record
essential information for the legal case and to avoid various medical and legal
problems later on.
Accident reports must be made as accurately and timely as possible. The insurance companies that are involved
should be notified of claims promptly, but caution should be exercised. People who are not familiar with accident
claims procedures may agree to do things that may harm the legal case and fail
to do things that are essential to preserving their legal rights. Accident victims who delay seeking legal
assistance may be victimized again by acting without the assistance of an
experienced personal injury attorney.
There is no additional cost to have your personal injury attorney
retained right from the beginning.
Cases may be forever damaged by the delay in obtaining proper legal
advice or medical care, by the loss of valuable evidence or by the passage of
time.
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Should I see an Attorney before Giving a Statement?
Insurance companies treat claims
with suspicion until they are convinced that some money should be paid to the
accident victim to close the claim.
Then the amount to be paid is still disputed. The adverse insurance company's interests are exactly opposite
those of the accident victim. The
insurance interest is to conclude the claim cheaply and fast, if possible. The accident victim may not know the extent
of all injuries and losses caused by the accident and is likely to comply with
the insurance adjuster's requests because that seems like the right thing to
do.
Everything that is told to an
adverse insurance company generally can and will be used against the accident victim. There is no legal requirement that an
injured person give a written or recorded statement to the insurance company
that represents the adverse party. Many
people do not understand the difference between information that is appropriate
to give, information that is protected by the constitutional right of privacy
and information that causes harm to their case. Questions can be confusing and
misleading, especially if the accident victim is taking medication which
affects the ability to recall exactly what happened in the accident. Giving a statement without proper legal
advice may result in irreparable damage to a potential legal case.
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Getting Treatment without Health Insurance
Accident victims do not need to
have health insurance in order to obtain medical care. In the case of the emergency need for
medical care, simply calling 911 will result in an ambulance taking the injured
person to a nearby emergency room where medical care will be furnished. Generally, injured persons who obtain the right
medical care early on... get better faster, have a better overall health
recovery and have better legal cases than those who wait or fail to get timely,
appropriate medical treatment and legal advice. Attorney Chuck Ervin is acquainted with doctors, physical
therapists, chiropractors and other necessary health care providers who will
furnish medical care to accident victims and wait until the accident case is
concluded to be paid. Without the
assistance of legal counsel, it is difficult to locate and secure medical care
for accident victims from reliable sources who will await payment until
conclusion of the legal case.
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What Am I Entitled to Receive for Pain and Suffering?
There is no mathematical formula to
determine what amount of money should equate for a person's pain and
suffering. While many cases may be
alike in some respects, all cases are different and unique to the injured
person. Basic factors to be considered
include the type of injury, the time it takes to regain health and the extent
of any permanent disability, scarring or other disfigurement. Medical expense incurred during the recovery
and anticipated future medical expenses are additional factors. The loss of income and loss of earning
capacity are important considerations. Injured persons who have sustained broken
bones or the loss of an important body function may be compensated more for
pain and suffering than a person with less serious injuries and greater medical
expense. In our civil justice system,
jurors sit as citizen judges to evaluate various factors present in a
particular case. Juries in some
communities are less sympathetic than those in other areas. Experienced personal injury attorneys
recognize that careful analysis and presentation of all factors can make a huge
difference in the monetary determination of pain and suffering for the accident
victim.
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What about My Lost Earnings?
An injured person who misses time
from work is entitled to be compensated for the value of the lost
earnings. This includes being
compensated for sick leave and personal leave which may be consumed due to
absence from work because of the injuries.
Other fringe benefit losses may be compensable as well. Self-employed persons are entitled to be
compensated for the cost of obtaining outside help to keep the self-employed
person's business going. Increased
business expense, loss of profits and loss of business opportunities which are
properly documented are also compensable.
In any instance where there is a claim for loss of past or future income
due to injury, it is important to keep accurate records and to document
everything. When a person is unable to
return to the pre-injury employment, the value of the loss of earning capacity
claim can be complex and require expert evaluation and testimony.
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How Do I Assure That I Get What I Deserve?
Taking the appropriate action at
each step in a personal injury case is the most important consideration in
maximizing the case potential. Those
accident victims who follow the other guy's insurance company's advice usually
get paid much less than those who have retained their own attorney. Friends, relatives and acquaintances often
offer advice. Generally, they are
neither licensed, experienced nor insured in the medical or legal area. Bad things can happen due to their erroneous
advice, even though they think they are helping the injury victim. Obtaining legal counsel promptly helps to
stop the frustration and confusion, to set a positive direction in the case and
to make it easier to do the proper things in a case right from the beginning.
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Types of Insurance Coverage
Automobile, homeowners and
commercial general liability are the three basic types of insurance involved in
most accident cases. These policies
commonly provide payment for personal injury and property damage. They may also
pay for medical expenses along the way.
Frequently, the injured victim's own insurance coverage is
an important source of monetary compensation in a case. A person's health insurance facilitates
access to medical care. Disability
insurance helps fill the financial gap due to temporary income loss. Worker's compensation insurance furnishes a
wide range of benefits for someone with a job-related injury. Identifying all the possible sources of
insurance coverage and gaining access to the coverage may be complicated and
challenging. The injured victim who
does not have an attorney's professional guidance may miss out on valuable
sources of compensation along the way.
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Problems with Insurance Companies
Most people think that person who caused the accident or
that person's insurance is obligated to assist the accident victim and pick up
all the expenses along the way. While
some insurance companies are better than others, the law does not require that
other guy's insurance company to be fair with you, to guide you or to pay all
charges that occur because of an accident.
If an insurance company representative is avoiding calls, being
unreasonable or otherwise acting inappropriately, you should seek legal counsel
immediately to protect yourself. If
there has been property damage, you must act promptly to pay towing and storage
charges. Since such charges may
escalate rapidly, may not be completely reimbursable and may adversely affect
your credit standing, you must arrange to pay these expenses and seek
reimbursement later. You should take
steps to minimize the charges by moving the damaged property to a safe, less
expensive location. It may take days or
weeks to establish contact with some insurance companies. You should seek your own repair estimates
and do your own research about the value of the property which has been
damaged. You have to look out for
yourself to minimize your losses. That
includes seeking all of the appropriate medical care for any injuries sustained
in the accident and minimizing your monetary losses.
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Bad Faith Recovery Rights
Most people carry insurance which may provide coverage for
personal injury, property damage or medical expense. Regardless of the type of coverage, insurance companies are
obligated to live up to the terms of their insurance contracts with the persons
they insure. If the companies do not
perform under the terms of the insurance contract, then the policyholder is
entitled to bring a claim for damages.
If an insurance company has failed to properly pay on a claim, the
matter should be investigated as soon as possible since a claim may be barred
by law if you wait too long. If an
insurance company has denied your claim, or for any reason attempted to pay
less than full value of your claim, or stated there is a reason it cannot pay
the claim at all, the insurance company may be incorrect in its denial. Once an insurance company has denied your
claim, or attempted to pay less than the full benefits under the policy, it has
taken a position adverse to your interest, and to fully protect your legal
rights, you should speak to an attorney experienced in these matters before
proceeding any further.
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Auto, Motorcycle and Truck Wrecks
Vehicle accident issues
It is essential that you take certain steps to protect your
legal rights if you have been involved in an auto, motorcycle or truck
accident. Secure the names, addresses,
phone numbers, and insurance information of all drivers. Secure detailed witness information. Photograph all damage to the vehicles
involved. Report the accident
immediately to your insurance company and appropriate law enforcement
authorities. Report all injuries to
your medical care providers promptly.
If the damage to your vehicle is minimal and you are injured, you should
not alter or repair the vehicle until you consult with an attorney. Motorcycle and big rig accidents are often
more deadly accidents, with injuries tending to be more serious and medical
costs higher. Whenever there are issues
as to who caused the accident or there are serious injuries, it is important to
obtain legal counsel as soon as possible.
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What am I Entitled to Recover for Property Damage?
If your property has been damaged or destroyed, then you are
entitled to recover the cost to repair the property or its value at the time it
was destroyed. Sometimes, the cost to
repair property such as a car may exceed its value. In that instance, the car may be deemed to be a "constructive
total loss" for which its fair market value must be paid. You are entitled to be compensated for the
time that you do not have the use of your property, such as when the car is in
the shop being repaired. However, this
compensation may be in the form of a rental car furnished to you with the
expense being paid by the party who caused your loss. It is important to locate all maintenance records and receipts
which pertain to the damaged vehicle.
In the instance of antique or higher value vehicles, it may be necessary
for you to engage professional vehicle appraisers on your behalf. You have more options when you have your own
insurance carrier handle the property damage claim. When problems arise with getting property damage issues settled
to your satisfaction, you should seek legal counsel promptly.
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What if the Other Driver is Uninsured?
Statistics show that a many thousands of vehicles and
drivers have no insurance at all. If
you are involved in an accident with an uninsured motorist, you must look to
the provisions of your own insurance policy to determine if you have uninsured
motorist coverage. If you are covered,
then you must file the claim with your own insurance company. You have to cooperate with your insurance
carrier in its investigation of the claim. However, you should be aware that when your insurance company is
dealing with your uninsured motorist claim, it is in an adverse position to
you. There are special rules and deadlines
which apply to uninsured motorist claims, and these can be very confusing. It is important to have the appropriate
legal guidance in these circumstances.
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Medical and Products Liability
Injuries by a doctor, hospital or other medical care
provider
Because of the inherent dangers involved in much of
medicine, an undesirable result from a medical procedure may not suffice to
justify filing a malpractice claim. To
be compensated for these injuries, the patient must have been injured as a
result of the medical care provider's failure to provide what is considered ordinary
care. There are many different kinds of
injuries caused by medical malpractice, including babies damaged by improper
care at/or before birth, brain damage or death caused by improper giving of anesthesia, or foreign
objects left inside patients during surgery.
Medical malpractice cases are complicated and expensive. It is important to talk to a lawyer who
focuses on medical malpractice cases as soon as you receive or discover an
injury you feel was due to medical malpractice.
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Injuries caused by a defective product
If a business designs, manufactures, or sells a product in a
defective condition, or which is unreasonably dangerous to the user or
bystander, it may be held responsible for the injuries caused by the product
defect. Products also have been found
to be defective because of the failure to have adequate instructions or
warnings which result in injury. Safely
preserving the defective product is essential to the success of a potential
product liability case. Keep whatever
is available, including the product and any packaging it came in, the name of
the manufacturer, model and identification number and instructions and
brochures which came with it, if possible.
Anyone participating in the chain of manufacture and distribution for
that product, from the designer, to the manufacturer, to the wholesalers, to
the retail store - all may be responsible for injuries caused by the defective
product. In some rare cases, where it
can be proved that a manufacturer acted with bad intent or maliciously promoted
a defective product, or acted in bad faith during the court proceedings, it may
be forced to pay additional punitive damages.
Product liability cases are complicated and expensive. Laws vary from state to state, so it is
important to talk to a lawyer as soon as you receive or discover an injury
caused by a potentially defective product.
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Injuries which occur in a nursing home
Nursing homes exist in order to furnish care for people who
are unable to care for themselves. When
a nursing home fails to fulfill its duty of care, it may be held responsible
for injuries caused to the victim of poor care. Because nursing home occupants generally have other serious
health problems which necessitated nursing home care to begin with, they are
more vulnerable to sustaining injury than are healthy people. Whenever there has been a noticeable change
in the appearance, general health or behavior of the nursing home resident, it
is appropriate to make a complete inquiry and to document completely what is
observed. This may include taking names
of all staff, taking photographs and videos and notifying authorities and all
medical care providers of the observations.
It is important to seek legal counsel immediately, since any injuries
may be life threatening and the victim's ability to participate in the
investigation may be severely impaired.
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Wrongful Death
Wrongful Death
Wrongful death is a legal term that essentially refers to
the accident victim who dies as a result of someone else's wrongful
conduct. Wrongful death claims usually
occur due to intentional or negligent conduct of another person or business, a
defective product or medical care provider malpractice. While there is no amount of money which can
replace the decedent, the law recognizes that monetary compensation for the
loss of family relationship and financial support is appropriate in a wrongful
death case. Similarly, the value of a
wrongful death case may be diminished by the proportional amount of fault
assigned to the person who died. An
autopsy is often essential when pursuing a wrongful death claim. During the grief period following the death
of a loved one, there are many aspects to a wrongful death case which require
prompt, professional guidance.
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What are the Family Members entitled to for compensation
for wrongful death?
The persons who are entitled to be compensated in a wrongful
death claim are generally determined by the estate laws of the state where the
victim resided at the time of death.
The decedent's marital status and the existence of parents, brothers,
sisters and children at the time of death must be considered. The unexpected death of a loved one is
always a tragic event and often has disastrous consequences. The financial hardship which may include medical
expenses, funeral expenses and loss of financial support is considered. In addition to financial losses, the
intangible aspects of the relationship, including the loss of love,
companionship, comfort, affection, society, solace and moral support are
considered. In order to evaluate a
wrongful death claim, it is necessary to determine the deceased's age, sex,
health, physical and mental characteristics, occupation, habits, contributions
to the family, and the relationship with other family members. Wrongful death claims are complicated and
expensive. It is important to gather as
much information and memorabilia available concerning the deceased person and
the immediate family and seek legal counsel promptly before evidence is lost or
destroyed.
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Work Injuries
Injuries on the Job
Whenever a person is injured on the job, even if the injury
is the employee's own fault, the worker compensation laws protect the injured
worker. Job-related injuries may be
physical or psychological in nature. Job-related
injuries must be reported to the employer and appropriate medical care sought
immediately. When informed of an
injury, the employer must furnish a report of injury form which must be
completed and turned in to the employer's workers compensation insurance
company. In the rare circumstance that
an employer is not covered by workers' compensation insurance, the worker may
sue the employer or file a claim with the uninsured employer fund. Employees who work for a federal employer or
the railroad are covered under a different set of rules. The particular set of laws and deadlines
which apply to a case may be confusing and overlap with other areas of
law. Injuries may be progressive and
permanent. Medical procedures may be
risky and expensive. Injured workers
should find out what laws apply to their potential legal cases before accepting
any fast settlement that cuts off other valuable rights.
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Workers Compensation Insurance Rights
Workers compensation laws generally allow for coverage of
medical expenses, for payment of temporary and permanent disability payments,
and for certain other costs. When there
has been serious and willful misconduct on the employer's part, there may be
entitlement to additional monetary assessments against the employer. Other penalties and legal rights may apply
against an employer or workers compensation insurance carrier that violates the
injured employee's rights. The workers
compensation law has changed drastically in California. Any worker injured on the job should contact
an attorney who focuses on workers compensation cases as soon as possible after
the injury has occurred. A delay of
even a few days in obtaining appropriate legal guidance may permanently damage
the injured worker's case.
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Other Types of Claims and Injuries
Head and Brain
Brain injury may occur whenever there has been bruising of
the brain, sometimes known as a concussion.
Some symptoms of a concussion commonly include: loss of consciousness,
headache, nausea, vomiting, dizziness, blurred vision, vertigo, ringing in the
ears, memory problems and problems with processing information. Many times the victim is dazed or "sees
stars." In the case of a mild
concussion, these symptoms usually are temporary. However, after a severe blow to the head or prolonged
unconsciousness, these symptoms may last a long time. In severe cases, the victim may experience seizures or develop
behavioral or personality changes and become irritable or exhibit other
permanent disabling effects. Brain
scans and neurological testing, along with the care and guidance of
neurologists, neurosurgeons, neuropsychologists and opthamologists, are used in
diagnosing brain injury. Brain injuries
may affect the victims and their families profoundly, changing lifestyles and
enjoyment of life drastically. The
medical costs for emergency treatment and ongoing care can be enormous. Brain injury cases can be complex and
expensive. You should seek appropriate
medical and legal advice as early as possible whenever brain injury is
suspected.
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Neck, Back and Broken bones
Neck and back injuries are among the most common injuries in
accidents. Neck and back pain can be
caused from sudden and violent stretching and tearing of muscles, ligaments and
other soft tissues. When the forces are
great enough, spinal vertebrae may be fractured, and tissues which protect the
spinal cord may be damaged. Numbness,
tingling and lack of strength in an arm or leg may occur. Stabbing, burning or radiating pain in an
arm or leg may also be due to a spinal injury.
Even minor spinal injuries may greatly affect many ordinary daily
activities and cause debilitating pain.
Extreme pain accompanied by swelling where there is bone may be an
indication of a break or fracture.
Sometimes there is obvious deformity at the break or fracture. X-rays and bone scans generally reveal the
existence of bone breaks and fractures.
MRI and CT scans are utilized to diagnose damage to the soft tissues
surrounding the bone structure.
Accident victims should be diligent in obtaining the x-rays and scans
that will help them determine the nature and extent of their injuries. Undiagnosed and improperly treated spinal
injuries may lead to further and more serious spinal problems.
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Paralysis
Paralysis, whether limited or extensive, is a serious
consequence of the worst injuries. Serious spinal injuries may result in
partial or total paralysis in the body.
Paralysis may include loss of normal bodily functions, generally
necessitates ongoing expensive medical treatment and attendant care and
completely changes the quality of life for the victim and family alike. Subsequent serious medical conditions may
stem from paralysis. Potential
injury cases which involve paralysis are complicated, expensive and justify
legal counsel being involved as early as possible.
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Burns
Burns are among the most painful and problematical injuries
one can experience. Infections from
damage to the skin are life-threatening.
The disfigurement often causes ongoing embarrassment to the victim and
the characteristics of replacement scar tissue result in loss of feeling,
mobility and flexibility wherever it has grown. Burn victims may need multiple, expensive hospitalizations and
surgical procedures in their quest for recovery. Potential injury cases which
involve burns justify legal counsel being involved as early as possible.
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Boats and Watercraft
Depending upon where a boating accident occurs, the federal
maritime law or the state law may apply.
The rules of navigation are more complex than ordinary rules of the
road. Special rules often pertain to
signaling and the operation of vessels.
There may be few witnesses and rarely any law enforcement personnel on
the scene. Proving fault may be more
difficult. Accidents which occur on a
body of water often cause serious injuries and death. Extra effort is required to secure witness information, to
preserve the vessels which were involved in the accident and to identify
potential sources of compensation for the injuries and damages.
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Injured Children
The law recognizes that children are constantly growing and
developing until they reach adulthood.
Injuries which occur to young children may result in limitations and
disabilities which are not completely known until years later. There are provisions in the law which allow
certain claims deadlines to be postponed until the child is no longer
considered a minor. However, there are
traps within the uninsured motorist law, the government claim presentation
requirements and other areas of law which may apply to a child's case. A parent or the child's legal guardian
should seek prompt information concerning the child's legal rights and claim
presentation requirements, in addition to obtaining all of the medical care
necessary to completely diagnose and treat the child's injuries.
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Dog Bites
Dog bites are part of what is frequently a vicious,
terrifying animal attack. The physical
component of a dog bite case involves evaluation of the nature and extent of
tissue damage and scarring at the bite sites.
There also is a component of the victim's emotional trauma. Long after the physical wounds have healed,
a dog bite victim may suffer from nightmares or other personality disorders
which were caused by the attack.
Smaller children may regress to bed-wetting or exhibit other behavior
which requires early psychiatric assistance.
The law holds the owner or keeper of the dog liable for the injuries
caused by the dog. In certain
circumstances, others who knew or should have known that the dog was likely to
cause harm may be held legally responsible for the bite victim's injuries, even
though they did not own or keep the dog.
Establishing a dog's past behavior and the fact that it was known to
others who could have prevented the attack may be important to the potential
case. Dog bite cases usually involve
obtaining expert plastic surgeon and psychologist opinions. Dog bite cases may take longer to resolve if
there are insurance problems, if cosmetic surgery is needed and when the victim
is a child.
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Slip and Fall
Premises liability is the area of law dealing with the legal
duties home or business owners, or their employees, owe to people who come onto
their property. Generally, property
owners have duties to keep the Premises in a reasonably safe condition, to
inspect for potential hazards and to warn against dangerous conditions that are
discovered. Slip and fall injuries are
frequently among the most serious and devastating. Serious spinal injuries and broken bones are common. Usually, the injured victim is embarrassed
and wants just to get up and get off the Premises. This is a natural reaction, but it often leads to tragic results
in the legal case. It is important to
secure all potential witness information, especially people who can establish
that there was a dangerous condition and who saw the fall occur. The owner, manager or person in charge
should be notified immediately, and an accident report should be made. Articles of clothing and footwear should be
preserved, soiled or not, in their same condition as at the time of the
fall. Photographs of the incident site
should be obtained, if possible, before the area is cleaned up. Medical care should be sought promptly as
needed.
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If you Have to File a Lawsuit
Does a special short time limit apply to my case?
The law sets deadlines for certain papers to be filed in
order to preserve the right to pursue a potential case. Generally, if a deadline has passed without
the proper filing by the accident victim, the right to be compensated for
injuries and losses may be forever lost.
Some deadlines are as short as 60 days; others involving a government
entity may only be 6 months. The deadline
which applies to your case may be shorter than what you think. Complying with the proper deadline can be
tricky. The worst consequence of not
properly presenting the claim is having the claim summarily denied with no
recourse. You should consult with legal
counsel as soon as possible after an accident to determine what deadlines apply
to your case before it is too late.
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Do I need to file a lawsuit, and when?
Lawsuits are the constitutionally-guaranteed method by which
the members of a civilized society can resolve disputes which are not settled
by agreement of the parties. Frequently,
lawsuits are filed because the approach of a legal deadline compels the filing
while the parties are still negotiating.
Some lawsuits are filed early after the injury because the adverse party
or insurance carrier is being completely unfair. If and when to file a lawsuit needs to be determined by the
injured person and legal counsel who is familiar with all of the issues in the
case.
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The Litigation Process
Litigation is the basic term that refers to lawsuit
proceedings. In an injury case,
litigation is commenced by the plaintiff or injured person by filing papers
which formally allege the basis of the claim.
The defendants who are alleged to be responsible for the plaintiff's
injuries and damages file formal denials of the allegations. During the next phase which is know as the
discovery phase, the parties may ask questions known as interrogatories,
request admissions and request documents of one another. The responses must be truthful, complete and
given under oath. During discovery, the
attorneys for the parties may subpoena records and require personal testimony
of parties and witnesses to be given under oath concerning pertinent issues in
the case. The court may then order a
neutral third party to sit as an arbitrator to conduct a hearing to determine
the issues and amount to be compensated.
The arbitrator's ruling usually is not binding but can assist the
litigants in seeking to resolve the case.
When the parties are unable to resolve the issues by agreement, then the
case proceeds to trial. Generally, a
jury will be selected to determine what the facts are in the case. The judge instructs the jury on what law
applies to the case, and the jury determines a verdict or the "truth" of the
case. Either party may appeal an
unfavorable result to a higher court.
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Settlement of Cases
Is my case likely to settle?
Many personal injury and property damage claims are settled
within months without filing a lawsuit.
The vast majority of lawsuits settle before the time of trial. The litigation process is designed to
encourage alternate forms of dispute resolution along the way. As cases progress during litigation, the
issues are refined as evidence is gathered.
As a case approaches the time of trial, there may be other incentives for
litigants to consider settlement, especially the magnitude of legal expense and
personal commitment of going through a trial which may take days or weeks. Litigants should keep an open mind because
settlement negotiations may occur at any time, from early after the injury to
long after the verdict in a trial while the case is being appealed. The reasons for settling are personal to the
litigants. It is essential to have experienced
legal counsel to point out the advantages and disadvantages of settling. We live in uncertain times with many
influences upon jurors' attitudes about certain cases. Proceeding to trial is no guarantee that a
plaintiff will receive anything.
Litigants who participate in reaching a settlement by agreement may have
greater satisfaction with the process than those who are compelled to leave
their fate to a disinterested jury.
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How long will it take?
Present laws require that most lawsuits be brought to a
trial within about a year from the time a lawsuit is filed. In more complicated cases, the court may be
requested to allow additional time for the lawsuit to evolve before a trial
date is assigned. The resolution time
may be shortened when the parties are willing to engage in settlement
negotiations at an early point. The
parties may agree to go to binding arbitration to obtain an early, final
disposition. They may engage the
services of a professional mediator to assist in settlement discussions. They may explore other avenues and
procedures as may be agreed which may result in an earlier conclusion of the
case.
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What is my claim worth?
No two claims are ever identical. Cases which seem quite alike may yield values which differ
greatly. Close family members who
witness a loved one being injured may have compensable claims. Even a spouse who was not involved in the
accident may have a right to be compensated for loss of consortium. The value of a personal injury claim depends
upon many factors, many of which can not be objectively qualified. In general, the value of a personal injury
case will be determined by the amount of damages which can be proven in a
convincing manner. Injuries which have
resulted in extreme disfigurement, paralysis or loss of bodily function may be
expected to justify higher amounts than others. Past and future medical expense, pain and suffering and income
loss which are discussed in detail under other topic areas will figure into the
overall claim evaluation. Fault which
may be attributed to the injured person may reduce the value of a claim. Books and periodicals that contain reported
settlements and jury verdicts are common resources for values which have been
reached in similar cases. Other factors
such as the level of preparation of a case for trial, relative personality
traits and appearance of the parties and extent of insurance coverage may
affect the ultimate value of a case.
The prudent way to get a reliable sense of a potential claim's value is
to consult with an attorney who has experience in handling personal injury
cases and who has access to published case evaluations, settlements and
verdicts.
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Getting a Lawyer
Do I need a lawyer?
Why?
Some people are confident that their injuries are minimal
and are confident that their knowledge and negotiation skills do not warrant
having legal representation. As long as
they are able to obtain prompt, satisfactory results, they likely will take
whatever they can get fast and move on with their lives. Other people are insulted by the way they
are treated and do not like the fact that more insurance companies than ever
are using computer programs that mechanically set low ceilings on the amount of
money to be offered to the injury victim.
Even those who settle their own cases can be shocked when they get a
bill from their own medical insurance plan demanding repayment of the cost of
medical care furnished due to the injury.
After the settlement release has been signed, there is rarely any
recourse available to obtain relief from unexpected bills. Airline pilots and insurance adjusters are
highly trained and skilled in what they accomplish with ease and
precision. Some injury victims would
never dream of taking control of an airliner they were in, but they do not mind
handling their own injury cases. The
risks, uncertainty and potential loss in either example are much the same. There is no substitute for professional
legal advice in the personal injury claim process.
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How to Choose an Attorney
It is critical to choose an attorney carefully. The potential client should feel comfortable
talking with the attorney. Initial
impressions of the attorney and law office are important. Most attorneys who represent accident
victims offer free initial confidential consultations. In and hour or so, the attorney and
potential client can evaluate issues anticipated in the potential legal case
without risk or obligation. This is a
good opportunity to get a feel for the attorney's personality. It is important that the potential client
feel comfortable with and trust the attorney.
It is important to have all receipts, reports and documentation
pertaining to the potential case, including medical and liability insurance
policies, available at the consultation.
Selecting legal counsel is an important decision which may involve months
or years working together on the case.
What seem to be small cases initially can become large cases as time
passes and with changing circumstances.
Having personal service and an attorney who is willing to bring in
additional counsel at no additional cost as a case becomes bigger may be more
important considerations than hiring a law firm where contact with the lawyer
is rarely possible.
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About the Law Offices of Chuck Ervin
Chuck Ervin has extensive experience representing injured
persons. Over the past twenty years,
Chuck has handled cases involving autos, motorcycles, trucks, bicycles, boats,
personal water craft, dog bites, slip/trip/falls, commercial matters and a
variety of others. Chuck has been
admitted to the state and federal courts of California, and is a member of the
Consumer Attorneys of California, Sacramento Consumer Attorneys, Association of
Trial Lawyers of America, the Commercial Law League of America and local bar
associations. He serves as a Judge
Pro-tem in Sacramento and Placer counties.
Chuck is accessible and is known for giving friendly, practical advice
to his clients.
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About Our Free Consultations
Many accident victims cannot visit a lawyer's office in the
days or weeks following a serious injury.
Bills can pile up, evidence can be lost and pressures from income loss
and confusion about what to do can be unbearable and lead to poor choices. Even when fully recovered from their
injuries, accident victims frequently have difficulty finding time to visit a
lawyer's office during normal business hours.
Chuck Ervin has an easy solution.
For those who are unable to come to the office, a free phone, home or
hospital consultation may be arranged.
Evening and weekend appointments are also arranged. Remember...the consultation is free. It costs no more to protect and preserve
legal rights with appropriate legal guidance right from the beginning.
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Contingency Fee and Expenses
When a person is out of work due to an accident injury and
is incurring medical expense in large sums, securing legal representation would
be nearly impossible if the attorney charged an up-front fee. The attorney contingent fee allows people
with limited financial resources to have access to experienced legal counsel
without having to pay as the case progresses.
Contingent fee means that the lawyer is compensated depending upon the
outcome of the case. Attorneys who
handle accident cases for a living may take an accident case without payment up
front because the presence of certain factors indicates that the case will
likely yield positive results. The
contingency fee is a percentage of the total settlement obtained or damages
awarded. If no settlement or damages
are obtained, there is no fee payable to the attorney. Contingent fee rates are determined by law
in worker compensation cases and in accident cases involving children and
others with legal disabilities.
Otherwise, the fee rate may vary from case to case and commonly
increases at advanced stages of litigation.
The attorney may advance the necessary expenses to investigate the case,
to pay costs associated with the litigation and to assure presence of experts
and other witnesses for the case. The
costs and expenses advanced are reimbursed to the attorney at the end of the
case, in addition to the contingent fee.
Contingent fee rates should be guaranteed in writing and all other terms
of the legal representation should be set forth in a written attorney-client
retainer agreement.
