1.
How will my lawyer handle my personal injury or medical malpractice
case?
a.
Witness
statements.
b.
Police
reports
c.
A
possible visit to the scene of the incident.
d.
A
review of appropriate statutory law (laws enacted by your
legislature).
e.
A
review of appropriate case law (laws made by judges who interpret
statutory law).
f.
A
review of all medical reports.
g.
A
review of all medical bills.
h.
The
possible hiring of an investigator to investigate the details
of the incident.
Your
lawyer will also contact the insurance company for the person,
persons, or company who caused your injuries. After the initial
investigation and contact with the insurance company, your lawyer
will maintain contact with you to make sure of the following:
a.
That
you are following the advice of your physicians and other
medical practitioners.
b.
That
you are doing your best to improve from your injury
c.
That
you are providing your lawyer with copies of all medical bills
and other expenses related to the incident.
d.
That
you are providing records of loss of income from your job.
e.
That
you are keeping track of potential witness in your case.
Medical
records will be obtained through the use of authorization forms
as discussed below. Your lawyer will review those medical reports
as they come in from your doctor and will keep abreast of the
applicable law relating to your case.
2.
How can I help my lawyer with my case?
The
most important thing for you to do is to provide documentation
of your medical bills, expenses and loss of income from your
employment. The following is a list of things that will also
help your lawyer with your claim.
a.
Return
all phone calls promptly to your lawyer.
b.
Read
all correspondence from your lawyer.
c.
Keep
all appointments with medical facilities.
d.
Keep
a list of witnesses who may testify about your injuries or
about the incident.
e.
That
you are keeping track of potential witness in your case.
f.
Take
photographs as instructed by your attorney and maintain copies
and negatives of such pictures.
g.
Notify
your attorney immediately of any change of address, telephone
numbers, marital status, change of employment or drastic change
in your physical condition.
h.
Answer
all questions posed by your attorney truthfully and candidly.
i.
Sign
all forms requested by your attorney.
3.
Why
do I have to sign so many forms?
Doctors,
hospitals, employers, and other establishments will not release
personal information about you without signed written authorizations.
It is against the law, in most instances, to release information
about a person, to anyone including your lawyer, without formal
documentation. Therefore, your lawyer will ask you to sign such
authorization forms which will allow him or her to retrieve
important information about you.
4.
How will my lawyer be paid and what is a contingent
fee agreement?
In
almost all personal injury cases, your attorney will be paid
by keeping a percentage or portion of the final settlement or
court award resulting from your injury. The percentage will
be discussed with you and will be the subject of what is called
a contingent fee agreement. The law requires, for your protection
and that of your lawyer, a written contract which specifies
the fee he or she will charge so there will be no misunderstanding
about how much your case will cost. Most contingent fee agreements
provide that you do not have to pay your lawyer for his or her
services unless, and until, the case is settled or is resolved
by a court verdict in your favor. The agreement will provide
that your lawyer will work diligently on your case in exchange
for the percentage or portion outlined in the agreement. As
discussed below, however, you will be responsible for actual
out-of-pocket costs, in addition to the attorney's fees, even
if the case is not settled or won.
5.
What other costs will there be in addition to the attorney's
fees?
The
fee for your attorney is based upon his or her work, time, effort
and expertise. The lawyers' fee also encompasses certain office
overhead such as secretarial time, rent, files, and other build-in
costs. however, there are also additional out-of-pocket expenses
which are incurred specifically as a result of your case. Some
of these expenses include the following:
a.
Fees
that doctors and hospitals charge for medical reports. Such
reports may cost anywhere from a few dollars for simple copies
to $100 or more for reports that have to be written or prepared
specifically by your doctor.
b.
Photocopy
charges. Insurance
companies require significant numbers of copies of medical
bills, medical reports, police reports, witness statements,
and lost income information. Your law firm has to pay for
these photocopies and you will usually be charged a certain
amount for each page of copy.
c.
Long
distance telephone calls. If
long distance telephone calls are required, you will probably
have to reimburse your attorney for the actual cost of each
call.
d.
Cost
of photographs.
Photographs are extremely important in personal injury cases
and if your attorney incurs expense in having photos obtained
or enlarged, you will be responsible for such costs.
e.
Reports
of experts. Reports
from experts other than physicians may be required in your
case and, if so, you will have to pay the costs that such
experts charge for their reports.
f.
Litigation
costs. If
your case has to proceed to suit or litigation, there will
be costs incurred as a result of the filing of such a lawsuit.
6.
Are the attorneys'
disbursements and costs also contingent and if not, do they
have to be paid in advance?
The
costs and disbursements outlined above in question 5 are your
responsibility even if there is no recovery in your case. If
other words, although your attorney's fee is contingent upon
a settlement or successful court award, the actual out-of-pocket
costs are not contingent upon successful recovery. Your
attorney may require you to assist in such costs as they are
incurred. Therefore, you may be requested to pay some of the
out-of-pocket costs in advance of settlement as the case progress.
The reason for this is that it is not economically feasible
for law firms to "finance" personal injury cases,
For this reason, the law provides that out-or-pocket expense
are the responsibility of the client even if the case does not
settle.
The
Insurance Companies
1.
Should
I communicate with or contact the insurance company for the
person who cause my injuries?
Absolutely
not! Under
no circumstances should you contact the insurance company once
you have retained an attorney. if you contact the other person's
insurance company, for any reason, you could ruin your entire
case with one question or one statement.
Secondly,
because you are now represented by a lawyer, the insurance company,
in most states, is absolutely prohibited from having any personal
contact with you for any reason.
2.
Will the insurance company for the person who caused my injuries
dispute my claim?
If
liability and responsibility are well-established in your case-that
is, if fault clearly rest with the insurance company's insured
( the person or persons who caused your injury), they will try
very hard to settle your claim. Insurance companies usually
dispute the following types of claims:
a.
Claims in which the fault rests with someone, other than their
insured. This
could mean you or someone else involved in the incident
who may have caused your injuries rather than the person who
is insured by the insurance company.
b.
Claims in which the insurance company and its representatives
do not believe that you are injured, or that you were injured
as badly as you claim. For this reason, documentation of medical
bill , lost wages, and other expenses are extremely important
to establish credibility and the existence of your injury.
c.
Cases
in which you or your witnesses have lied, exaggerated, or
fabricated the nature and extent of your injury of how the
incident
occurred.
