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If you are the victim of personal injury or medical malpractice, it is important that, while enduring the pain and suffering that goes along with your treatment and healing for the injuries in your case, that you immediately begin to think of protecting your rights in such cases.
Here are a few short ideas to remember if you are contemplating pursuing a personal injury or medical malpractice claim:
- Do not talk to the insurance company or representative no matter what they offer or want before you are able to talk with a lawyer.
- Call a lawyer specializing in personal injury and/or medical malpractice cases to immediately begin investigation to preserve the evidence in your case.
- Take photos or video of your injuries and healing of your injuries periodically.
- Maintain a file with records, bills and miscellaneous information related to your case.
- Keep a diary of your injuries, including dates of medical treatment, the contact information of your medical providers and daily notes of how you have been feeling as a result of your injuries.
- Follow your physician's instructions strictly and obtain immediate medical care after sustaining any type of subsequent injury.
- Sign nothing unless your lawyer approves it first.
- If you have any questions or concerns about your case, contact your lawyer immediately and insist on obtaining a response with regard to handling and strategy in our case.
This information is not intended to be legal advice or create an attorney client agreement with the Whiting Law Group. It is merely for informational and advertisement purposes. To learn more about protecting your rights or for other questions regarding your case, please contact us for a free consultation at toll free (877) 936-7200 or email us at info@wlglaw.net.
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How long will my case take?
A personal injury or medical malpractice case can take up to 2 years from the time the lawsuit is filed to either settlement or jury verdict. However, having an aggressive, hard-working lawyer can shorten the time between settling your case or obtaining a jury verdict.
What is my case worth?
The value of your case is almost impossible to determine without a clear understanding of your injuries, the circumstances of your case, testimony from any witnesses and reviewing a complete set of your medical records and bills. When seeking a lawyer, be careful of the lawyer or firm who can tell you the value of your case precisely without the above information. The value of your case is determined by years of experience of your lawyer and their firm, a thorough analysis of similar jury verdicts and settlements in the location of your case and the amount of insurance coverage available. More reasons why retaining an experienced and honest lawyer is so very important.
What kind of monetary damages can I claim?
There are two types of damages available in a negligence medical malpractice case: compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages are derived from the word "compensate," meaning "to make up for" or "to make whole." Generally, these damages can be broken up into two sub-categories: actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include:
- Medical and hospitalization bills incurred to treat your injuries
- Wages lost due to work missed while you recuperate
- Costs of household or nursing help during recovery, including costs of wheelchair or crutches required
- As noted, injured victims can also sue for general damages in addition to actual damages.
General damages include the things that cannot be precisely documented in dollars spent, including:
- Pain and suffering endured due to injuries and any subsequent mental anguish
- Disfigurement resulting from injuries
- Value of medical expenses you are likely to incur in the future
- Value of wages you are likely to lose in the future
- Permanency of injury and resulting pain and suffering
- Loss off consortium (benefits of a relationship)
- Loss of opportunity
Punitive Damages
In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct or gross negligence - behavior that is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future.
Damages For Wrongful Death
Damages for wrongful death cases is intended to compensate for losses resulting from the death of a family member. Some losses are measureable - a widow in a wrongful death suit, for example, could seek to recover the financial support that she would have received had her spoused lived. Other damages are more general in nature. Types of recoverable damages include:
- Direct Expenses - Medical bills & funeral costs
- Loss of Benefits - What the person could have received in ension/retirement benefits had they lived.
- Loss of Future Earnings - What the person have earned in a salary if he or she had lived.
- Loss of Companionship - What the person who died would had emotionally provided to a relationship and the mental pain and suffering resulting from a decedents death.
Calculating damages in a wrongful death case is a serioused process involving multiple factors. Some factors include:
- How dependant the Plaintiff was on the decedent,
- The nature of the relationship of the decedent,
- The anticipated life span of the decedent,
- The anticipated benefits and other benefits of the decedent, and
- The presence of any comparative fault.
Often, determining the appropriate amount of damages for a particular element in a wrongful death action can be difficult. For example when addressing damages for a loss of companionship, a jury must attempt to put a price tag on the emotional loss you suffered from the decedents death.
Who pays my medical bills while my case is pending?
Typically your health insurance or car insurance, if you have medical payments coverage on your car insurance policy will pay your medical bills. In some instances, the medical providers will accept payment when your case is completed if you do not have insurance. Again, your lawyer can consult you on how best to have your medical bills paid while your case is pending.
Do I have to pay back the insurance company who pays my medical bills after I receive a recovery from my case?
The short answer is "yes." However, if your lawyer has knowledge of liens and how they are reimbursed, you should be able to receive a reduction in the total amount you are required to pay back.
Should I go to the doctor?
Never hesitate to get checked out by medical professionals even when you feel okay. Many times the onset of physical complaints begins 12 to 24 hours after an accident. Even if you did walk away only feeling "shaken up" after being rear-ended by a truck, tomorrow morning when you get out of bed it may be a different story.
It is also important that you get medical attention if you feel any pain or discomfort. Many people hope that their pain will go away on its own and wait for several weeks before finally succumbing and going to the doctor. Waiting to get treatment is not only good for your health - it will hurt your changes of obtaining an appropriate settlement for your injuries, since there will be no medical record of your injury at the time of the accident. Seeing a doctor following the accident will insure a preliminary diagnosis and perhaps minimize the discomfort and future treatment you may need later.
Follow the doctor's advice to the letter and never miss a doctor's appointment. Do not substitute your judgment for that of an experienced medical professional. If you do, it will be used against you in court.
Do I need to take pictures of the accident scene?
Absolutely. Even if the police take photos, you should try to take several rolls of pictures if possible. Always take multiple rolls of film of the accident location, the vehicles involved, various approaches to the accident scene, and of the persons involved, particularly if they have suffered an injury. Plan on taking three times as many photographs as you think you might need, taking shots from multiple angles and locations. By moving around as if on the points of a compass, you will enable an accident reconstructionist to construct a more accurate diagram of the collision.
A good quality camera is obviously preferable, but even a small disposable camera is better than nothing, and they are normally widely available in convenience stores and gas stations if you do not have one in your vehicle.
Do I have to take photos right away or can I wait?
It is very important to take photos as close in time as possible to the time of the accident. This is particularly important when it is necessary to photograph "impending" skid marks. Tires do not immediately lock-up and change from rolling tires to skidding tires. During the braking process, a tire begins to leave an imprint on the roadway before actually skidding. These marks are "impending" skid marks and are faint marks that can normally be seen on the roadway for only 24 to 48 hours after a collision.
An impending skid and skid mark, when taken together, give a more accurate record of the actual speed of a car before braking. Lay a shoe or other easily measured item next to the impending skid marks while photographic them so an accident reconstructionist can later compute actual distances based on the photographs.
What about preserving other evidence besides photos?
In many cases, even though it may not seem important at the time, it later becomes vitally important to have access to the physical evidence of an accident. For example, in cases where a passenger is ejected from the vehicle, it is necessary to examine the seatbelt to determine if it was functioning properly. If the seatbelt is lost because the car which contains it is sold or destroyed, it may be impossible to bring a claim against the seatbelt manufacturer and/or the car manufacturer - something which can make or break the recovery of damages in cases where there is little or not other adequate insurance coverage available.
If the evidence is removed to another location, it is important to put everyone on notice by certified mail, including owners, tow operators, wrecking yards, police impounds, and the like, that they must take every step to preserve important evidence, and the failure to do so will subject them to being sued for allowing evidence to be destroyed. In some cases, we are required to go to court quickly to get a restraining order and preliminary injunction in order to avoid alterations or destructive handling and testing of potentially incriminating evidence.
What are your fees and costs in a personal injury or medical malpractice case?
There are no fees or costs if there is no recovery. The cases are all handled on a contingency and cost basis. The standard contingency in the industry for representing a victim of personal injury, medical malpractice or wrongful death is one-third of any recovery if obtained.
How can the Whiting Law Group and its attorneys help you win your case?
By retaining the Whiting Law Group you can count on the fact that your case will be handled professionally, ethically and aggressively. We will keep you advised on all important points of your case, including returning your phone calls in a reasonable time period. We have a reputation for going to trial and, therefore, insurance companies and defense lawyers have great respect for our firm, which guarantees the best results for each of our clients. We provide a free, up front case consultation to help you know if you might have a case. For a free consultation contact us toll free at (877) 936-7200 or email us at info@wlglaw.net, to discuss your case.
This information is not intended to be legal advice or create an attorney client agreement with the Whiting Law Group. It is merely for informational and advertisement purposes. To learn more about protecting your rights or for other questions regarding your case, please contact us for a free consultation at toll free (877) 936-7200 or email us at info@wlglaw.net.
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How do I choose the right lawyer? Searching for a good, well-respected lawyer in today's society is not an easy task. The public is overwhelmed with thousands of lawyers, legal services, legal advise phone numbers and legal related advertisements. With so much out there, how does a person shuffle through the endless toil of attorneys to locate the most qualified one to retain for their case?
Here are a few short suggestions to ask when determining who is the right lawyer for you and your case:
First, ask the number of cases taken to trial. If the lawyer settles all of the time, insurance companies will know and will not settle for the maximum amount you would otherwise be entitled to receive.
Second, ask for a resume, a firm brochure or website to determine the attorney's and his/her firm's exact type of expertise.
Third, ask the lawyer for cases successfully tried or settled which are similar to your case.
Fourth, make sure you get along with the attorney at your initial meeting and ask yourself if he/she is listening to you and your needs. Most likely, if they are listening, they will diligently represent you throughout your case.
Fifth, ask about the firm's resources and access to hire the proper experts to obtain the best result for your case.
Sixth, do not choose your lawyer until you are sure you like and trust him/her and never sign up with a lawyer who visits you without your invitation.
Finally, be sure the attorney and the attorney's firm predominantly handles personal injury and/or medical malpractice cases only.
This information is not intended to be legal advice or create an attorney client agreement with the Whiting Law Group. It is merely for informational and advertisement purposes. To learn more about protecting your rights or for other questions regarding your case, please contact us for a free consultation at toll free (877) 936-7200 or email us at info@wlglaw.net. |
