No one wants it to happen, and no one expects it. But it happens. Someone makes a mistake and, as a result, someone else is seriously injured or dies. When something or someone is taken, the law tries to put things back the way they were. 

If a person causes injury or loss to another, there should be an acknowledgement of responsibility, and the responsible party should be prepared to be accountable. Being accountable is more than being remorseful. It means making restitution and restoring what was taken or lost. 

The law cannot restore a life taken or health lost, but it offers a substitute called “money damages.” Money damages pay for wrecked vehicles, medical bills, rehabilitation costs, and lost earnings. Money damages compensate for the loss of health, whether it be broken bones, severe laceration or amputation, lost or impaired vision, mental trauma, emotional distress, scarring, temporary or permanent disability, or other physical or mental limitations or disfigurements. And money damages, though they are a poor substitute, pay for the loss of love, companionship, comfort, affection, society, solace or moral support, as well as all of the financial support that the decedent would have provided during his or her lifetime.

There is no chart, table, or schedule that determines the amount of money damages payable as the result of injury or death. The law simply says that it shall be the amount that is just under all the circumstances of a particular claim to compensate for the loss. We base our recommendations for claims and settlement amounts on our experience in trying and settling cases, as well as reported verdicts and settlements in other similar cases.

In every case, it is important to preserve evidence. We cannot know at the outset what issues will be contested and what evidence will be important, so we try to preserve as much evidence as possible. Early on vehicles should be held for inspection and photographs. Gouges, stains, and debris in the roadway; traffic signs; foliage; and other evidence at the accident scene should be measured, mapped, and photographed. Witnesses should be identified and located. Injuries, treatment, and recovery should be well-documented and photographed.

At-fault Party’s Insurance 

Everyone who is involved in an accident hopes the at-fault party’s insurance company will be a “good neighbor” and fulfill the obligation of payment on behalf of it's insured customer. After all, it’s their business. The common expectation is that the insurance company will guide the claimant through the process and protect the claimant's interests.

Insurance companies are businesses, not social service organizations. They make money by collecting premiums, not by paying claims. The orientation of the at-fault party’s insurance company is not toward protecting your interests if you are making a claim. 

Insurance companies will not pay a claim without documentation to support the claim. They will tell you that they can collect the necessary documentation if you will sign an authorization. Be careful and do not sign authorizations to release information that does not have anything to do with the accident. You will be asked to sign an authorization for the release of medical information. These authorizations are usually broad and allow the insurance company access to your entire medical history. Even if you have nothing to hide, there is no reason to give up your right to privacy.

Vehicle repairs or replacement, towing, car rental, medical payments, and even compensation for physical injuries or death may be covered under your auto insurance policy. Uninsured motorist coverage is always desirable, as it may be your only source of recovery for injuries if the at-fault driver does not have insurance.

Health insurance covers healthcare costs related to auto accidents. Many people are surprised to learn that medical expenses paid by their own auto or health insurance may be subject to reimbursement. When you recover from the at-fault party, your insurance company may be entitled to reimbursement from the amount you recover. If an attorney is involved in obtaining the recovery, the amount of reimbursement will be discounted or negotiated.

If you were operating a vehicle and did not have auto insurance, your ability to recover from the at-fault party may be limited. If you did not have auto insurance, but you were operating a vehicle owned and insured by someone else, you will be entitled to a full recovery.  If you were a passenger injured in an uninsured vehicle, your right to recover from the at-fault party will not be impaired.

If the person at fault in the accident did not have insurance, you may look to the owner of the vehicle the at-fault person was driving. If the operator and the owner of the at-fault vehicle did not have insurance, you may recover from the personal or business assets of the owner or operator, or you may recover under your uninsured motorist coverage, or the coverage of the owner of the vehicle in which you were a passenger.

In addition to your own insurance and the insurance of the at-fault driver, there may be other sources of recovery. If the at-fault party was operating a vehicle in the course and scope of his or her employment at the time of the accident, the at-fault driver’s employer is responsible. In case of injury at work, in addition to Workers' Compensation benefits, you may be entitled to recover money damages from a party that supplied equipment, materials, or services to the jobsite.

If your accident only caused damage to your vehicle, and did not involve any injuries to you or your passengers, you probably do not need a lawyer. You should consult a lawyer in every case where there is injury.

Most attorneys do not charge a fee for reviewing your case. If we accept your case, our fees and all other legal costs are paid from the recovery. You will not be required to pay us any money out of your own pocket. In most cases, our fees will be one-third of the recovery. In some cases, our fees will be one-fourth of the recovery. Our goal is to recover a total amount that, after payment of all fees and costs, meets or exceeds your expectations.

It is imperative that a person injured in an accident, or the family of a person killed in an accident, take immediate action to protect their interests. Do not delay in contacting a lawyer. Statutes of limitations apply. These statutes (laws) require that legal action be taken within prescribed time periods. Failure to take appropriate action within the prescribed time limits will bar your right to recover from the responsible parties. Time limits can be as short as six months from the date of the accident or as long as two years, depending on the nature of the claim and the parties involved. You should not assume you have more than six months to make a claim. You should contact a lawyer long before six months have passed. Likewise, if it has been more than six months, you should not assume you have lost your rights to recover.

No one wants to be involved in a lawsuit. But sometimes lawsuits are necessary. For example, the law requires injured persons to file a lawsuit within prescribed time limits called a “statute of limitations.” Sometimes a lawsuit has to be filed so that the right to recover from the responsible parties is not lost. Other times a lawsuit must be filed to invoke the court’s authority to obtain important information and documents, and to preserve evidence that will aid in the resolution of the claim.

The fact is that 90% of lawsuits filed are settled and dismissed without a trial. This is because even after a lawsuit is filed, lawyers work to resolve claims amicably. For complex claims or claims involving multiple parties, lawyers often employ mediators to facilitate settlement discussions and negotiations. Mediation has proved to be a very successful and satisfactory alternative to resolve disputed claims.