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Frequently Asked Questions
Do I need a laywer?
What do personal injury lawyers do?
How are personal injury claims evaluated?
How do injury attorneys charge for their time?
If I am injured in an accident, what should
I do?
DO I NEED A LAWYER?
At Goodson & Company, we recommend that all injury victims
at least seek an initial consultation with a lawyer even if
there are early indications that an injury will resolve in
a short period of time.
In truth, from the time an accident is reported
to an insurance company, an experienced and well-trained adjustor
begins collecting information in an attempt to reduce the
value of a personal injury claim.
The insurance adjustor will seek taped interviews
from the injured claimant as well as from the investigating
police officer and all witnesses, shortly after the occurrence.
The adjustor will ask questions regarding the severity of
the claimant's injury as well as information regarding the
victim's pre-existing medical history.
Before consenting to an interview with an
insurance representative, consult with competent legal counsel
who practices personal injury law. An attorney can advise
you as to the probable questions an adjustor will ask as well
as the purpose behind such questions. Armed with this information,
you are less likely to be caught off guard, and you will answer
the questions clearly. Ideally, an attorney should be present
during the interview. In addition, the attorney can assist
you by photographing the accident scene, damaged vehicles,
and your injury. It is important to collect as much evidence
as possible as soon as possible to enhance the claimant's
ability to prove the claim.
WHAT DO PERSONAL INJURY
LAWYERS DO?
At Goodson & Company, our lawyers immediately begin collecting
evidence that is pertinent to the claim. This includes taking
photographs of the injury, accident scene, and damaged vehicles.
A police report may be obtained and accident witnesses are
interviewed.
All medical records, bills, and physician
reports are gathered in order to document the cause, extent,
and severity of the injury. Lost wage information is also
collected.
After completion of the accident investigation
and the medical documentation has been received, the attorney
will prepare a demand letter to the insurance adjustor. The
demand letter will contain a settlement proposal that has
been approved by the client before being sent to the insurance
adjustor.
A reasonable amount of time is given to
allow for a complete opportunity to negotiate a settlement
of the claim. If a settlement cannot be reached, a lawsuit
is commenced against the negligent parties. Representation
includes all office and telephone consultation, the preparation
and filing of all pleadings, all legal research, investigation,
assistance with expert evaluation, all correspondence and
all court appearances.
HOW ARE PERSONAL INJURY
CLAIMS EVALUATED?
There is no scientific way to put a dollar value on an injury
claim. In general terms, the greater the likelihood that the
injury victim can prove each and every element of his personal
injury claim, the more valuable the injury claim becomes.
Factors influencing the value of an injury
claim include whether the accident was the result of the exclusive
negligence of the defendant or more likely the result of the
combined negligence of the defendant and injury victim. The
value of an injury claim is enhanced if the victim does not
have a pre-existing medical history of injury to the same
area of the body that was injured in the accident. The extent,
nature and permanence of the injury are also important factors
in determining the value of a personal injury claim.
At Goodson & Company, the attorneys
draw upon their substantial experience in trying and negotiating
similar claims in order to assist our clients with achieving
full and fair compensation for their injury claims. Clients
are provided with thorough and accurate information, including
recent Ohio jury verdict decisions, that allow clients to
make an informed decision as to whether to settle their injury
case or go to trial.
HOW DO INJURY ATTORNEYS
CHARGE FOR THEIR TIME?
At Goodson & Company, our attorneys represent injury victims
on a contingent fee basis. In other words, you will not owe
an attorney fee unless a settlement or verdict is obtained
on your behalf. If a settlement or verdict is obtained, the
attorney fee is usually one-third of whatever amount is collected.
The fee for each case is determined after a thorough evaluation
of the case and discussion with the client.
Goodson & Company will advance any out
of pocket expenses incurred in preparing your case. If out
of pocket expenses remain due and owing at the end of a case,
the out of pocket expenses are deducted from the settlement
or verdict. Clients are kept informed of the out of pocket
expenses incurred during each stage of representation.
At Goodson & Company, we keep our fee
and expenses predictable and subject to your control. There
is never a fee charged to a client for an initial consultation
on an injury case.
IF I AM INJURED IN AN
ACCIDENT, WHAT SHOULD I DO?
Seek medical treatment immediately. Follow your doctor's instructions,
and do your best to make a complete recovery. Be a compliant
patient by keeping all physician and physical therapy appointments.
If you are unable to work, obtain a work release from the
treating physician and return to work on his/her instruction.
Insurance companies aggressively investigate
and oppose personal injury claims. Do not discuss your claim
with anyone other than your immediate family, physician, or
attorney. Neighbors and co-workers are often contacted and
interviewed by insurance investigators. Further, the surveillance
of claimants by private investigators in moderate to severe
injury cases is becoming more prevalent.
Never consent to a taped interview until
you have had an opportunity to talk with an attorney. Never
speak with an insurance adjustor about the severity of your
injury and your anticipated recovery, until all of the facts
are known.
If you have a legal question, contact us now at
brettgoodson@goodsonandcompany.com
or stephanieday@goodsonandcompany.com
or
alisondevilliers@goodsonandcompany.com
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