The following information is to help you understand how a personal injury claim is handled.  We have tried to anticipate most issues questioned by our clients.  If you have any questions not covered here, write them down and call your paralegal or your attorney.  If we are not available for you, please leave a message.  It is our policy to return phone calls within 24 hours.

WHO TO TALK TO:

Do not discuss your case with anyone except employees of our office and/or your doctors unless you’ve been advised otherwise by us.

WHAT TO SIGN:

Do not sign anything until you check with us.

PEOPLE WHO CALL YOU:

If anyone calls you about your case, please inform them you have retained an attorney and direct all such calls to our office.  Your paralegal is often more accessible than the attorney.  Please try her first.

THE PAPER TRAIL:

Keep all papers, bills, insurance policies or anything pertaining to your case in the folder provided.  Send to this office medical bills, Rx receipts, disability slips and pay stubs if you are loosing time from work.  Make sure you provide us with such documentation in a timely fashion.  Give us this information as soon as possible.  Send us any braces, casts and empty pill bottles.

DIARY:

We are asking that you keep a diary, write something in it every day.  Some examples are:

Spelling and neatness of the diary does not count.  All that matters is that you can read it later.  But you must write something as often as possible.

AUTO DAMAGE:

If your vehicle is in a garage not getting repaired or held in a storage unit accruing costs, it is your responsibility to transfer the vehicle to another location (i.e., your driveway).  Each day your vehicle remains in the garage you will be charged at least $30.00 per day.  You are responsible for this bill.  The insurance company will pay only the repairs/value of the vehicle and reasonable towing charge.  Again, it is your responsibility to pay for the storage charge.

We need photographs of the damage to your vehicle before repairs are made.  Use color film and take an entire roll of pictures.  Take some pictures up close, from a distance, from all sides and at least one picture of the license plate.  If the interior of your vehicle is damaged, i.e. dashboard, seats, steering wheel, also take photos.   Also, please include yourself in the picture.  Try to get pictures of any broken glass.  Make sure you get your own independent repair estimate and give it to us.

MEDICAL BILLS AND LOST WAGES:

As part of our service to you, we will assist you in getting your bills and lost wages paid.  However, the process takes time.  Insurance companies can often be stubborn and/or slow to process claims.  Please be patient.  Expect that bills/wages will not be paid promptly.  Insurance companies require numerous documents.  We will do all (legally) possible to satisfy your bills/wages.  Do not expect your lost wage checks to be sent regularly (as your wage checks are).  The insurance company requires wage loss claims to be precisely documented for every check they write.  This may require you to make other back-up arrangements if you are relying on your wage check to satisfy your monthly bills.  We will (again) do all we can to speed the process along.  But remember, you must get a disability statement from your doctor each and every time you see him/her.

Another problem you may encounter is one or more of your accident related bills may not get paid in a timely fashion and the provider may thereafter send the bill to collections.  Please do not panic if this happens.  Providers and creditors are often willing to put payment of the bill on hold if they are assured that the bill is being handled.  We can provide that assurance in most instances.  Please send us these notices upon receipt and we can utilize our resources to get this situation under control.

PHOTOGRAPHS:

Give us any pictures, negatives and videos that you or anyone else has of you and the accident and how the injuries affected your life.

YOUR ROLE AS CLIENT IN PROCESSING YOUR CLAIM:

Inform us of any changes in your job, job duties or salary.  If you missed work because of the injury, write it in the diary.  Even if only for a doctor’s visit.  Even if you are self-employed, you should do this.  You may be eligible for loss of profits.  Each time you see the doctor make sure you get a no work slip.

An insurance company may schedule an evaluation with an independent doctor.  We will notify you of the date, location and time of the evaluation.  It is imperative to your claim that you attend.

CHANGES IN ADDRESS OR PHONE NUMBER:

If you move or get a new phone number, tell us immediately.  Call our office and leave a message.

NEW INFORMATION:

If you find out or hear something new about your case, call our office and leave a message.  If your medical treatment changes or you get hospitalized, please tell us.

MEDICAL INSURANCE:

Do not use it until you talk to us.

OFFICIAL REPORTS:

Do not file any reports anywhere until you talk to us.

DISABILITY AND UNEMPLOYMENT:

Do not apply for this or any other aid until you talk to us.

DO WHAT THE DOCTORS SAY:

Be sure to do what your doctors say.  Your job is to do your part to get well.  There is never a reason or excuse to miss a doctor’s appointment without calling and informing the doctor and rescheduling.  By missing a doctor’s appointment or not following through with treatment, you are saying to the doctor, to the insurance company, or to the other side that you don’t hurt, that it doesn’t matter that much.  Our job is to make a recovery for you for the pain and suffering we can prove.  Not going to the doctors is a good way for your opponent to prove that you are not hurting and that you don’t care.  In addition, if you don’t care, the doctors may not care.  It is very important for you to work hard to get well and to make all appointments.

FINANCIAL PROBLEMS:

We understand that as a result of this accident there may be extra expenses and reduced income.  If you have pressing financial matters, we can sometimes write a letter to a creditor explaining your accident and they will cooperate and give you more time to take care of matters.  However, it is a violation of a Lawyer’s ethical duties to lend you any money.  Please do not ask us to do this.

WHY DOES IT TAKE SO LONG:

One of the reasons your case may take long is that we must wait for your condition to stabilize and/or for you to appear to have reached maximum medical improvement.  For minimum injuries, this can be at least three to six months following the accident.  For more severe injuries, it could be a year or more.  If we try to settle your claim before your medical condition has stabilized, you may lose significant benefits or money that you might be entitled to for a condition that did not show up until after the matter was final.

THE LAWSUIT:

We attempt to settle the majority of our claims without filing a lawsuit.  We want to settle your case by negotiating with the other side.  This is much quicker and often much less expensive.  You will generally get your money sooner by negotiating than you will if a lawsuit has to be filed.  We always negotiate with the insurance company.  Usually we can come to an agreeable solution that we feel is satisfactory.  However, on occasion, this is not possible and a lawsuit must be filed.  Even when a lawsuit is filed, negotiations may continue.  Only a very small percentage of lawsuits actually go to trial.  Lawsuits are not filed without your consent.

“BUT I HEARD”:

When we are working on a case, and especially when we are talking about settlement, many times, clients tell us what they heard about a friend, a neighbor, or relative that had an accident or got injured and had some type of recovery and the client is upset or wondering why their recovery is not as large or significant as the one they heard about.  Every case is different, every injury is different, and every client is different.  There are never two cases exactly alike.

We hope this information is helpful to you.  Please keep track of any questions you have or information to share in binders provided to you by this office.

The information on this website is offered for general informational or educational purposes and does not constitute legal advice. It is our intention to keep the materials current but there is no guarantee they are up to date. Do not act or rely upon the information without seeking the advice of an attorney. Contact through this website does not create and attorney-client relationship. Our firm practices and is licensed in the following states: DE and PA.