Personal Injury Claims
What you need to know if you or a loved one has been injured
If you or someone you know has recently been injured or if there has been a wrongful death through the fault of someone else, there are several things you need to know about what is ahead for you. As Personal Injury Attorneys we have outlined a personal injury claim into 5 easy steps so that you understand the process you are about to go through.
Seek Medical Attention
- See a doctor
With most injuries or accidents the victim does not immediately realize the extent of their injuries. Never refuse medical attention after an incident. Even if you think you feel fine you should still be checked out by a professional. We would be much happier handling your personal injury claim rather than your family's wrongful death suit. - Document your medical treatment
Ask for a copy of your medical records and keep this together with the photos you have taken and your diary. - Follow up with a physician
Make sure you continue to see a primary doctor and any referred specialists after your injury so that they can assess your recovery and recommend any physical therapy or additional treatment needed. - Don't worry about the Bills
Try to focus on your health and your recovery and let your attorney worry about the bills and the legal issues.
Protect Your Rights
- Don't talk to the insurance company
Any statement you make could be used in court. When an insurance company is involved they act quickly. If they think their client might be at fault the insurance company will most likely contact you within 24 hours of the accident. They will ask for a statement and try to offer you a cheap settlement immediately. Don't do it!
Did you know that most insurance companies offer a bonus to their agents who settle claims within 24 hours?
Insurance companies will also send investigators and photographers to the scene immediately giving them a head start on the investigation. Often times the insurance company has finished their investigation before our attorneys have even heard about the injury. - Take your own photographs
As soon as possible take multiple photographs of the accident scene and any injuries, even if it is a disposable camera it helps. If you are not able to, ask a friend or family member to help. If your personal injury is a physical one, continue to take photos on a regular basis to track the progress of your recovery. - Keep a diary or blog about your injury
Document your medical treatment. If your case goes to trial a lot of times accident claims can take a year or two before a verdict or settlement is reached. If you are called to testify it will be much easier to remember what you were doing and how you were feeling during the time following your accident.
Hiring A Personal Injury Attorney
Because the insurance companies act so fast you should not delay in hiring a attorney but there are several things you should know before making a decision:
- All Injury attorneys should offer a Free Consultation
There should be no charge to determine whether or not you have a case. - Accident attorneys work on contingency
Which means there should be no fee for any service provided at any time. If your attorney succeeds in getting you a settlement or a favorable verdict they take a percentage of that amount. - You're the boss
Remember that you are hiring your personal representative and your attorney works for you. - What do you look for in an attorney?
What kind of questions should you ask them? Taylor Martino Zarzaur has compiled a list of the 7 things we think you should look for in your personal injury attorney:
- Do They Handle My Type Of Case?
There are many different types of attorneys and even personal injury attorneys have specialties. You want a representative that has handled your type of case before. - Are They Experienced?
Be wary of young attorneys straight out of law school. Often times they end up just referring your case to another attorney for a fee. Taylor Martino Zarzaur has over 55 years of combined personal injury experience and almost 70% of our cases come from other attorneys who don't have the experience to handle your claim. - Do They Have Enough Resources?
Because injury attorneys work on contingency they must pay for everything related to your case and sometimes a claim can last years before a settlement is reached. Taylor Martino Zarzaur has their own investigator on staff to ensure we handle your case properly. - What About Results?
Many attorneys will tell you "I have tried your type of case before." but what they don't tell you is whether or not they won. Taylor Martino Zarzaur has secured several settlements in excess of a million dollars and one case in excess of a billion dollars. They have successfully tried cases against several large corporations such as GM, AIG, Chrysler and many others. - Are They Board Certified?
There are several distinct certifications available to both attorneys and paralegals but many are simply just attorneys. Taylor Martino Zarzaur has Board Certified Civil Trial Specialists on staff. - How Are They Rated?
Did you know there is a certified rating system for attorneys? Martindale-Hubbell has developed a rating system that has been used for over a century. The rating system goes from CV to AV. Taylor Martino Zarzaur is a top rated AV Firm. An AV rating is a significant accomplishment - a testament to the fact that a attorney's peers rank him or her at the highest level of professional excellence. A attorney must be admitted to the bar for ten years or more to receive an AV rating. - Are They Respected By Their Peers and in The Community?
The Martindale rating system is based on peer reviews. Both Richard Taylor and Steve Martino have been Executive Board Members of the Alabama Association for Justice. Joe Zarzaur has also served on the board of the Florida Justice Association.
Getting Your Settlement
Once you have hired a personal injury attorney you can relax and focus on your health and recovery. Your attorney will handle all legal aspects from here:
- Any Investigation needed
Your attorney's firm should handle any investigation needed for your claim. Taylor Martino Zarzaur has their own investigator to ensure all personal injury claims are investigated promptly and properly. - Notify Insurance Companies
At the same time as the investigation your attorney will contact any insurance companies involved and notify them that they now represent you and any future communication should go through the attorney's law firm. - Secure All Evidence
When the investigation is completed your attorney will gather together all the evidence including any personal photos or diaries. - Maximum Medical Improvement
This is an important term attorneys use that means you have recovered as completely as you possibly can from your injury. It is important because your attorney needs to be able to determine the total extent of your injuries and any damage done to your working career. In some cases this could require permanent lifelong care. Your law firm should hire industry experts know as Vocational Specialists and Life Care Planners to help them determine these things. Did you know the average personal injury claim takes 7 - 10 years off the career expectancy of the victim? - Negligence.
At this time the attorney will ask your doctor to connect your injury to the negligence of the defendant and determine the amount of your disability. - Demand Package.
Once your Attorney has determined all these important factors they will put together a compensation package for the defendant called a Demand Package. The defendant usually has 30 days to reply to the demand. Some defendants will try to negotiate and come back with a low offer and your injury attorney will negotiate for you. If the two parties cannot come to an agreement the next step is to proceed to the trial phase of your case. - Reaching a Settlement.
If a settlement can be reached you are on your way to getting the help that you need. This is also the best way to end the case because your attorney will often times take a smaller percentage if the case does not go to trial * (Alabama & Mississippi only). At this point the defendant will write a check, your attorney will make sure that all outstanding medical debts are paid off for you, take his percentage, and the rest of the settlement goes to you.
Proceeding To Trial
If you are unable to reach a settlement, it is time to file a lawsuit. Any courtroom can be very intimidating but this is the reason you hired a attorney. They will guide you through the entire process from filing the complaint to going to trial. Cases are usually set for trial approximately 12 to 18 months after they are filed. This is where an attorney's experience is most important. The more experience he has the more likely he will have knowledge of the judge assigned to your case, what the judge expects, and how a jury will react to certain things.
- File The Complaint.
The first step in any injury lawsuit is to file a document know as a "Complaint" The defendant will have 20 to 30 days to respond depending on the court it is filed in, this is known as the "Answer". - Discovery phase of your case.
During this time, both sides will have an opportunity to take depositions of witnesses, obtain documents, and exchange legal theories before the case is set for trial. - Mediation.
After the discovery phase of your case is completed, the judge may request your case be mediated. A mediation is where both sides sit down with an independent person [mediator] and try to come to an agreement on the value of your case for settlement purposes. If no settlement can be reached at this point, your case will proceed to trial. - Trial.
Most personal injury trials last 2 to 4 days. Your jury panel will consist of 6 to 12 people from your county or district depending on the court it is filed in. They will hear all the facts of your case, will be given the proper instructions by the judge by which to evaluate your case, and asked to render a verdict based on those facts. - What happens after the trial?
If you win, the defendant can either pay the verdict or file a motion for a new trial. If the motion for a new trial is denied by the judge, the defendant can appeal to a higher court. If you lose, you have the same options.
From preserving evidence after an accident to choosing the right attorney, we hope the above information has helped you to understand the legal process and how Taylor Martino Zarzaur will work to protect your rights after your accident.
