A serious injury is a life changing event for you and your family. If you become injured because of someone else’s negligence, our job is to ensure that you are properly compensated.
If you have been injured in an accident, and feel like you are in unfamiliar waters, the following information should be helpful.
If you are involved in a vehicle accident, the first thing you should do is notify the police and your insurance company. We have provided information about what to do at the scene of a vehicle accident here.
If you have suffered another type of accident, contact us as soon as possible. We will guide you through the process of initiating a claim.
The statute of limitations is two years from the date that a reasonable person would realize he or she has a legitimate claim (but no longer than 10 years from the date of the accident). However, insurance companies are interested in reaching settlements quickly and as inexpensively.
If you have issued a claim against an insured person or organization, you should expect to be contacted by an insurance company representative. You will be asked to provide information about your injury, its impact on your life, and the progress of your recovery. The insurance company will seek to use this information to its advantage.
You are under no legal obligation to speak to insurance representatives or provide them with information. We recommend you do not speak to them until you have received legal advice.
An injury that at first might not seem severe, such as soft tissue injuries to the jaw, neck and back, can take much longer to resolve than you expect, and can have a serious impact on your life. Do not be rushed into settlement. We recommend that before you engage in any settlement discussions with an insurance company, you take the time and obtain medical treatment and advice so that you fully understand your injuries, the likely effect on your life over time, and the prognosis for recovery. We also recommend you consult us and obtain a legal opinion as to the appropriate amount of compensation you should expect to receive before you engage in settlement discussions with an insurance company. We can guide you through this process, and recommend you speak to us before giving any information to an insurance company.
Fundamentally, a negligent person (including a corporation) is obligated to put the claimant in the same position he or she would have been but for the negligent conduct, so far as is possible with money. Money awarded for this purpose is called “damages.”
Damages includes (i) compensation for loss of enjoyment of life and general pain and suffering; and (ii) compensation for financial loss resulting from loss of income, out of pocket expenses, loss of capacity to earn income in the future, etc. The court determines what the appropriate sum of damages are on a case-by-case basis, considering the circumstances facing each claimant.
An important part of our job is to assess the damages that we believe will be awarded. We do this by obtaining as much information as will allow us to learn about you, the severity of your injuries and the impact on your life. We then take this information and review comparable cases.