How to Ensure That You Receive FULL Compensation for Your Accident Lawsuit
Injured in a car accident? Right now, you probably feel as if your whole life has been turned completely upside-down. As experienced auto accident and personal injury attorneys, we feel a sense of tremendous sympathy for good people injured by no fault of their own. Whenever we receive a call from someone who is a victim of negligence, we are saddened to hear about their pain and suffering, lost wages, lost vacation time, property losses, medical bills, and financial hardships. That is why retaining qualified legal representation makes a lot of sense to those victimized by a negligent or distracted driver.
Parker Waichman LLP Recovers Compensation for Accident Victims
A law firm, such as ours, has successfully “put the pieces back together” for thousands of injured persons throughout the United States. Parker Waichman LLP has recovered an astounding $2 billion in verdicts, settlements, and awards. You can only generate these kinds of results by treating each and every single client’s case as if it were your very own. For our law firm to maximize the recovery for each client, we have established a reputation for thorough preparation and aggressively fighting on our client’s behalf. We leave no stone unturned.
Parker Waichman LLP believes that you should not have to pay the costs that these “accidents” create. In many instances, these types of “accidents” may have been avoided if the person responsible for them had acted with greater attention. We have seen how simple inattentiveness or lack of regard for others have caused considerable physical, mental, and financial pain for our clients, and we are committed to helping them obtain justice.
Over $2 Billion in Recoveries for Our Accident Clients
Our firm has recovered over $2 billion in compensation for our clients through settlements and trial verdicts, and in so doing has obtained the “Preeminent Lawyers” AV Peer Review Rating from Martindale-Hubbard® and other accolades and awards. We are committed to serving you and your family through this difficult time through compassionate yet professional legal counsel and representation. Contact Parker Waichman LLP right away if you or a loved one have been injured in an accident caused by another.
Types of Accident Cases We Handle
Parker Waichman LLP is your personal injury law firm and is available to assist you no matter the circumstances under which you and/or your loved one find yourself hurt. We have successfully represented clients who have suffered in:
- Motor vehicle accidents, including car wrecks and commercial vehicle crashes;
- Medical malpractice incidents and birth-related injuries;
- Slip-and-fall accidents and other injuries occurring on the property of another person or business; and/or
- Other injury caused by incidents that result in harm or loss to you and/or your loved ones.
Types of Injuries Sustained in an Accident
Whether you call them “accidents,” “incidents,” “mistakes,” or some other term, there is no denying the fact that an injury can hurt in more ways than one. Aside from broken bones, internal bleeding, spine, neck, and/or head trauma, and/or loss of limbs, a car crash or other injury incident can cause additional difficulties and harm to you and your family:
- You may suffer from post-traumatic stress disorder or other mental and/or emotional trauma requiring counseling or therapy to adequately address;
- You may require one or more additional surgeries or prolonged periods of rehabilitative and/or occupational therapy before you are able to return to your normal daily activities;
- You may need prescription medications to assist you in managing your pain and/or medical assistive devices such as a wheelchair, motorized scooter, or crutches;
- You may miss significant periods of time from school or from your job while you recuperate;
- Even when you are able to return to work, you may not be able to go back to your previous job due to a temporary or permanent work restriction;
- Your home life may also suffer: you may not be able to complete the tasks you used to do for your family around the home or engage in the same hobbies and activities that you once enjoyed.
How Much is My Accident Case Worth?
Putting a price tag on these and other expenses and costs that result from an injury accident is not easy: while the law does permit you as the injured victim to recover compensation from the person or persons who caused you injury or loss, you are responsible for proving not only that you suffered a particular loss but the monetary value of that loss. Some of these losses are simple to prove: medical bills and timesheets (for example) can serve as evidence of the amount of medical expenses you incurred or lost wages you suffered, respectively. You may be entitled to recover:
- The cost of medical treatments, appointments, and/or surgeries required to restore your health and/or enable you to reach your maximum recovery;
- Lost wages as well as any future wages you are not able to earn if you are not able to return to your former position or employer but must instead accept a position with a lower wage and/or less-demanding schedule;
- The cost of assistance in the home, whether you need someone to assist you with chores and housekeeping or someone to provide you with more skilled, healthcare-related assistance;
- A financial award to compensate you for the loss of enjoyment of life you experienced as a result of your accident; and/or
- Monetary damages to compensate you for the pain, suffering, and stresses you experienced.
While obtaining a compensation award that fully addresses all the losses and harm you experienced will not instantly restore your health or reverse any permanent damage you sustained, it will allow you to recover from your injuries without the financial pressure and stress that unpaid bills and reduced income can cause. Moreover, having the assistance of one of Parker Waichman LLP’s knowledgeable and skilled accident lawyers can alleviate much a great deal of the stress that accompanies attempting to handle your accident case on your own.
Do I Have Grounds for a Claim?
You may have a claim for compensation following your injury accident if the accident came about because another person or people were behaving in a negligent – that is, a careless – manner and this behavior brought about the series of events that ended with your injury. Your ability to recover compensation does not require that the at-fault person or people intended to cause you harm or meant for you to suffer injuries and losses as serious as the ones you did.
A claim for compensation can be defeated, however, if there is no evidence that the defendant’s careless behavior actually caused your injuries to occur. In other words, as part of your accident lawsuit you and your attorney will need to present evidence and/or witnesses’ testimony in order to establish that it is more likely true than not that your injuries would not have occurred – or would not have been as severe as they were – if the other person or people had not behaved in the manner in which they did. If you would have suffered the identical injuries and losses you did regardless of how the other involved parties acted, your lawsuit may be unsuccessful.
You may still be entitled to some compensation even if you contributed to your injuries in losses in some way such as by not wearing a seatbelt in a car wreck or failing to keep follow-up medical appointments. In such a situation, your carelessness and the carelessness of the other party or parties will be expressed in terms of percentages of fault (the sum of all parties’ negligence will add up to 100 percent). States take one of a variety of approaches when you, the injury victim, have any percentage of fault attributable to you:
- In a minority of states, any percentage of fault attributable to you, the injury victim, will result in your claim for damages being denied and you will receive no compensation at all.
- In other states, you may recover some compensation even if you are determined to be predominately responsible for your own injuries and expenses. In these states, any compensation award you do receive would be reflective only of the amount of fault that can be fairly and justly apportioned to the other party or parties.
- In the remainder of the states, you are able to receive compensation for your injuries and expenses so long as you are not the primary cause of the accident and your resulting injuries or your percentage of fault does not exceed the sum of all other involved parties’ percentages of fault.
Speaking with your injury accident attorney early can improve the chances that you are able to discover and preserve evidence and witness testimony that is critical to maximizing your monetary recovery and minimizing the negative consequences of any of your own careless or reckless conduct. Speaking with your attorney early is also important because you only have a limited amount of time within which to file your injury lawsuit. This is because each jurisdiction has a specific statute of limitations that acts to prevent injury victims from filing lawsuits that are too old or “stale.” These statutes of limitations can range in length from as little as one year to four years or more. Accident lawsuits filed after the statute of limitations can be dismissed and your requested compensation denied without any adjudication on the merits of your claim, so it is beneficial to speak with an attorney as soon as possible after an injury accident.
Process of an Accident Case
No matter the type of injury accident that caused you harm, your case will proceed through the same general stages whether it involves car crash lawsuits, medical malpractice suits, or other personal injury cases. Knowing what you can expect to encounter at each stage can help you keep track of the progress of your case and know when it is time to visit with your injury attorney:
- Initial stage: During the initial stage of your lawsuit, the facts of your injury case are investigated by your attorney and you and your attorney discuss what evidence and/or witnesses are available to support your claimed injuries and losses. You and your attorney will also make a determination as to whether it makes sense to file a lawsuit. If the answer is in the affirmative, your lawyer will prepare your initial complaint or petition and ensure this is filed with the court and served on the at-fault party or parties.
- Discovery stage: Once your lawsuit has commenced and it appears to a court that you may have a legitimate claim, your case will enter a stage called “discovery.” During this stage, you and the other party or parties involved in your lawsuit exchange information and evidence with one another so that no one party is able to “surprise” the other party with evidence or witnesses that were not known to the other party or parties. By requiring all parties involved in your injury lawsuit to “show their cards,” the discovery process also acts to encourage a settlement or other out-of-court resolution. If you learn during discovery, for example, that the other party has one or more compelling legal defenses to your allegations of careless behavior, this may act to encourage you and your attorney to try and reach an amicable resolution to the lawsuit rather than risk having your lawsuit defeated in court.
- Trial and post-trial stage: Cases that proceed past the discovery phase will generally next proceed to trial where a judge or jury will determine whether you are entitled to compensation based on the facts and the applicable law. If the judge or jury determines you are owed compensation for your injuries and losses, the judge or jury will also determine the amount of compensation you are to receive and which party (in the case of multiple at-fault parties) is responsible for what amount. The trial and the resulting verdict are not necessarily the end of the case, however, as the losing party often has the opportunity to appeal the adverse verdict and ask an appellate court to review the verdict.
How Long Does It Take to Resolve My Claim?
Your injury lawsuit may take anywhere from several months to a year or more to resolve, depending on factors such as the complexity of your injury accident, the availability of witnesses and evidence to support your claims, the number of individuals or entities whose behavior and actions also contributed to your injuries, and other similar circumstances. While an attorney cannot guarantee that your case will be complete within a certain timeframe, having an injury attorney assist you throughout your case will generally yield results sooner than if you attempt to handle your case yourself.
Accident Claim FAQs
As an injury victim, you likely have questions about your legal rights and how you can best protect your rights while helping yourself and your family recover from your injury accident. Some of the more frequently-asked questions posed by Parker Waichman LLP clients include:
- Will my case settle and, if so, how quickly? Not every injury lawsuit can – or should – settle. While a settlement generally guarantees that you will receive a certain amount of compensation more quickly than if you simply proceeded to trial, you will almost invariably be required to give up important legal rights as part of a settlement. Most significantly, you will not be able to obtain additional compensation if the settlement amount you accept is not enough to cover your expenses. Before you accept a settlement offer, speak with your attorney about the consequences and ramifications of accepting the offer.
- The statute of limitations has already passed in my case – is there any way I can still obtain compensation? There are a few exceptions to the statute of limitations; however, these are very fact-specific and will not be available to all injury victims. For example, the “discovery rule” gives an injury victim additional time to file a lawsuit if the injury victim had no reason to know that he or she had, in fact, suffered a compensable injury.
- What will my accident lawyer need from me when I retain his or her services? You should keep any medical bills or records, letters and correspondence (via e-mail or fax), timesheets, and/or any other document pertaining to the accident itself or any loss or expense you incurred as a result of the accident. While your attorney can generally obtain many of these documents on his or her own, some documents can become inaccessible and unavailable by the time your attorney is retained. Moreover, having these documents available when you first meet with your attorney can help him or her provide more accurate legal counsel to you. Finally, having these documents on hand saves your attorney the time of having to attempt to locate them, giving him or her more time to focus on getting your lawsuit filed so you can obtain compensation.
At Parker Waichman LLP, we believe that arming our clients with information and knowledge about their rights and the legal process helps clients make better decisions about their cases, enables clients to feel empowered rather than at the mercy of others, and generally enhances client satisfaction. We are happy to answer any and all questions you may have at any stage of your case.
How Can an Accident Lawyer Help Me?
Lawyers – and injury accident lawyers in particular – have a reputation for being concerned about their own profits above all else. The compassionate and dedicated legal team of Parker Waichman LLP is out to prove this stereotype wrong and ill-informed. The truth is there are many benefits and advantages to retaining an accident attorney to help you with your case. One of the greatest benefits your attorney provides is the knowledge of the substantive and procedural laws applicable to your case. This saves you countless hours in researching case law, statutes, and other legal authorities to learn about your legal rights and how to advance your case.
Your accident lawyer also has access to experts and other resources that can be helpful in proving your case. In a car crash lawsuit, you may need an accident reconstruction expert to help explain how the car crash occurred. In a medical malpractice case, you may need the assistance of one or more medical experts to review your case and render opinions on the foreseeability of your injuries and the professionalism of your doctor for your case to make it to the courtroom. Finding these and other experts can be a daunting task for the average person, but your attorney will already know of reputable and persuasive individuals and firms who can perform these vital tasks.
Finally, your accident lawyer is best equipped to tell a judge or jury the “story” of your injury accident in a compelling manner so as to maximize your chances of receiving full compensation for your losses. If your case makes it to trial, the facts of your case need to be presented clearly and coherently but also in such a way that the judge or jury understands how the applicable laws should be applied in your case. This sort of case presentation can only come from someone who knows how to effectively speak about the law to those with and without legal training.
Talk with One of Our Accident Attorneys Today
While an injury accident may make it feel as if your life is out of control, you do have rights and legal recourse available to you if your injuries and the accompanying expenses are the result of another person’s careless actions. Your medical bills, lost wages, lost future earnings, and pain and suffering (and other “losses” and “costs”) may all be compensable if you file and succeed in an injury accident lawsuit.
Do not let your opportunity to provide financial security for yourself and your family pass you by after an injury accident. Speak with Parker Waichman LLP as soon as possible and let us help you travel the road to your legal recovery. Once you enlist our assistance and services, we will get to work by utilizing our firm’s experiences, knowledge, and resources to bring a swift and successful resolution to your case. Call 1-800-YOURLAWYER (1-800-968-7529) today and speak with us about your injury accident and the compensation to which you may be entitled.
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