Personal
Injury
We know that your automobile accident case is
important to you. We want you to know that it is also important to us
and that we will do our best to represent your interests. The following
information is provided for two reasons: FIRST, to give you some
idea of what to expect in the future; and SECOND, to offer some
suggestions about how you can help prepare your case. I hope this
information answers some of your questions. It was not written to
discourage you from calling your Wilmington Personal Injury Attorney
about other questions you may have, please feel free to call us anytime
at 910-772-1254. We would be pleased if you choose our firm to
represent you in your personal injury. Since you probably do not know
what to expect, I will acquaint you with the general pattern of how your
case will be handled. This information can be helpful to both you and
our firm.
THE INITIAL CONFERENCE
When you are first interviewed, general
information regarding the accident is obtained. Certain other materials
relating to things you should or should not do will be furnished to
you. I will ask you to sign certain authorization forms that will allow
our firm to obtain necessary information. You will meet personally with
an attorney at that time.
INVESTIGATION STAGE
We then will notify the other party's
insurance company that you have retained our firm as your attorney. We
will also request the insurance company to give us a copy of any
statements you have given them. Letters are sent to physicians and
hospitals involved in the case at various times throughout your
treatment notifying them of your representation. A request is sometimes
made that these medical providers give no information to any insurance
adjuster or investigator for the insurance company without our
approval. Letters are also sent to other people with whom you have
incurred bills as a result of this injury advising them of our
appearance in the matter and indicating that we would like copies of the
bills. This is done because sometimes creditors are willing to wait for
the payment of their bills if they have a good reason. Any police
officers who may have been involved will be interviewed, witnesses will
be contacted, photographs of the accident scene will be taken if you do
not have the means to take them. Any necessary information from the
IRS, employers, schools, or other persons will be obtained as
necessary. The level of investigation will depend on the number of
witnesses and the clarity of the information surrounding your case.
INFORMATION & EVALUATION
It is important for you to know that no
case is settled until the exact nature of your medical condition has
been determined and all investigations have been completed. It
generally takes four to six weeks to gather all necessary medical
information and this process usually begins after when you have
completed treatment. The reason your medical information cannot be
completely gathered until you have completed treatment is because the
doctor cannot answer many questions about your injuries or recovery
until treatment has been completed. Sometimes we have to wait several
weeks to receive information from your doctors and to make sure we have
covered every medical provider. You need to give your Wilmington
Personal Injury Attorney the name and address of all witnesses to the
accident, your injuries, your recovery, and/or your pain and suffering.
If a trial becomes necessary, it can
take as long as two (2) years to complete the case. One of the most
important requests we have of our clients, and one of the most difficult
to honor, is that of patience. As soon as investigation and acquisition
of all your medical materials has been completed, we will sit down and
prepare a settlement package on your behalf. Normally we will contact
you at this time to try and determine a settlement value on your case.
Do not be convinced that we can settle your case for our original
demand. It is merely a starting point for negotiations and not a bottom
line figure. If you have any strong feelings about the value of your
case or about a specific dollar amount that you will not settle for less
than, it is very important that you notify our office. This way, we may
discuss valuation with you and determine if we feel that we can settle
your case for this amount without litigation, and so that we can review
your file so that we can make sure that we are in agreement as to the
value of your case and all the factors effecting valuation.
After the package is prepared, it will
be forwarded to the insurance carrier or their attorney. Normally they
will take one to six weeks to review the materials, depending on the
package complexity and their workload, and then return with a settlement
offer or a denial. If the case is denied in total then we will meet and
decide whether a lawsuit is appropriate. We try to take only cases that
we are willing to take to court, so this meeting will generally consist
of our answering your questions, informing you that the case is going to
be filed, and that a lawsuit is being prepared. If a settlement offer
is made then we will discuss possible counter offers, and whether to
accept the settlement or whether to proceed directly with filing a
lawsuit.
FACTORS DETERMINING SETTLEMENT VALUE
As you will be told at the initial
interview, we cannot clearly project what any particular case is worth.
There are many factors we review in determining what is a fair
settlement offer and what your case is worth. Some of these factors
are: (a) the painful nature of any injuries; (b) the length of
recovery; (c) scarring; (d) permanent disability; (e) loss of motion;
(f) whether you have had surgery; (g) emotional distress; (h) the
strength of your case in regard to liability; (i) any questions of
contributory negligence on your part; (j) the complexity of trying the
case and the possibilities of a larger or smaller jury verdict; (k) any
loss of spousal consortium; (l) your current financial situation; (m)
the availability of witnesses to support our liability issues; (n) the
availability and/or willingness of witnesses to support your damages;
(o) the county in which you have been injured; (p) the type of doctor
who treated you; (q) your prior claims history; (r) your prior medical
history; and/or (s) any criminal history for either party. No case is
settled without your approval and you have the final say in whether to
settle your case. Of course, we will always give you an opinion on
whether a settlement offer is good, bad, or acceptable. Your Wilmington
Personal Injury Attorney will always try to fully explain the process to
you.
FILING A LAWSUIT
If a settlement cannot be reached with
the insurance company or the attorney representing the other party, we
will meet with you to institute a lawsuit. In some instances, it will
be necessary to file the lawsuit immediately upon your retaining our
firm, however, we will notify you before a lawsuit is filed. A lawsuit
is started by preparing a Summons and Complaint. These documents state
in general terms what happened, your injuries and the basis for
liability. These papers are served on the Defendant or the person who
we contend is at fault. The Defendant usually takes these papers to
their insurance company who delivers them to their lawyers. The lawyers
then send us an Answer and at that point the case is ready to proceed
with discovery.
DISCOVERY
Discovery is allowed in all civil
lawsuits and usually occurs in four or five major categories, divided as
follows:
1. INTERROGATORIES.
Interrogatories are a series of written questions that one side in an
action may ask of the other side. Interrogatories must be answered in
writing and under oath within thirty (30) days from the date they are
received in our office. When we send you interrogatories it is
important that you provide answers for us so that we can meet to do the
final draft. It is important that you answer promptly as well.
2. REQUEST FOR PRODUCTION OF
DOCUMENTS. Each side may request the other to produce documents or
physical items that relate to the case. We are required to respond to
this request within thirty (30) days as well. When I send you a Request
for Production of Documents, please gather all documents not previously
provided to us and bring them to our office so that we can determine if
they are proper to be produced or an objection is going to be filed on
your behalf.
3. DEPOSITIONS.
Depositions are the recording of testimony of a party, witness, or
doctor with both attorneys present by a court reporter. You may attend
any deposition involving your case. We will send you copies of all
notices. Unless you are the party being deposed, you are to sit
quietly. You may take notes, but do not interrupt under any
circumstance. The witness is under oath and answers all questions
orally and the answers are taken down by the court reporter. The
witness will then sign the deposition under oath. Discovery depositions
are very useful, but you will be expected to pay the costs of these
depositions. We will inform you beforehand of an estimate of how much
we feel the depositions will cost. This cost is just an estimate
because cost is dependent upon the length of the deposition.
4. REQUEST FOR ADMISSIONS.
Attorneys use Request for Admissions to the other side to have them
either admit or deny specific facts that they believe to be true or
which we believe can be proven at trial. This is sometimes very useful
for narrowing down the issues at trial.
5. MEDICAL EXAMINATIONS.
The other party may request that you be examined by an independent
doctor (not really independent) hired by them for the purposes of
evaluating your injuries. The Court allows these evaluations. If we
receive this request, you will have to be examined by another doctor for
the purposes of evaluating your condition and/or injuries. The theory
behind an independent medical examination (IME) is it allows all the
parties to have a fair opportunity to know the extent of your injuries.
We will receive a report from this evaluation and have a chance to
respond to it.
The discovery procedures listed above
are allowed so that there are no secrets or surprises in the lawsuit.
Attorneys for both sides can use these procedures and therefore have a
full picture of the issues and the defenses of each party. Also this
information may lead to a settlement of the case or help us to be better
prepared by pointing out weaknesses in our case.
TRIAL
When will the case be tried? At the
present time, cases are generally scheduled for trial about twelve to
eighteen months after they are filed. The smaller counties in the State
usually require less time and the larger counties usually require more
time.
When the case is set on the trial
docket, we will have to prepare and subpoena witnesses. At that time
you will be called in to prepare your testimony and exhibits will be put
in final form. Normally there are as many as fifteen (15) cases on any
given week and at most, one or two get tried. Often times we will know
in advance if we are going to get reached or not, but some occasions you
will be put on telephone stand-by along with all your witnesses, waiting
and hoping to be reached. If the case does not come to trial during the
week, it is continued to another printed docket, usually several weeks
or months later. As soon as we receive the printed docket, we will
notify you that your case is set for trial and begin making
arrangements.
Except for meeting with you from time to
time to respond to requests from the other side, as discussed above,
several weeks may go by during which it is not necessary for us to
contact you in order to do what we must do to prepare your case. If we
find that we need additional information from you about your case, we
will write or call you. If you learn information beyond what you have
already given us, such as names of witnesses, developments in your
physical condition resulting from your injury, new physicians, or
anything else, please call us so that we may serve you fully and have
this information in our file.
It is possible that weeks will pass
without there being a reason for us to talk with you at any great
length. If this happens, do not get the impression that your case is
not receiving our interest and attention. In some States it takes up to
four (4) years for a case to be tried. In North Carolina it takes about
a year for a case to reach the trial calendar in Superior Court. We
have tried cases as much as three (3) years old due to scheduling
conflicts or court delays. We will do all that we can to make sure that
your case is prepared and receives every consideration by our office.
One difference between the work of doctors and that of lawyers is the
amount of contact between the client and the professional. You are
present while a doctor works on your body and you can see what he or she
is doing, but the pre-trial work that a lawyer and his office does for
you is often done in your absence, i.e., in the office, at the
courthouse, at the accident scene, or elsewhere. For this reason, and
because everyone justifiably feels that his or her case is important, we
have sent you this informational pamphlet.
ACCURATE INFORMATION
It is very important that you provide
accurate information about all aspects of your case, your injuries, any
prior cases, your record, and/or your health. We cannot fully represent
you if we do not have accurate information. Sometimes, with inaccurate
or incomplete information, we may do things that would actually be
contrary to your best interests without knowing. Accordingly, please
give us full, complete, and accurate information, even if it is somewhat
sensitive or confidential. Your Wilmington Personal Injury Attorney
assures you that we will do our best to protect your interests at every
turn.
CONTACT WITH OUR OFFICE
IF
YOU MOVE, CHANGE YOUR ADDRESS, OR CHANGE YOUR PHONE NUMBER, PLEASE
INFORM US. IT IS NECESSARY THAT WE BE ABLE TO REACH YOU WITHIN A MATTER
OF HOURS IF SOMETHING IMPORTANT ARISES.
CONCLUSION
This information is provided in hopes
that you will have a better understanding of how your case is handled
and what is taking place. Also, we trust this will provide you with
some level of security about our experience and care in dealing with
these matters. Our office will make every effort to keep you informed
by sending you copies of correspondence and other documents, but it is
impossible for us to talk with everyone on a daily basis. If you have
any questions about your case at any time, do not hesitate to call
910-772-1254. As we will tell you in our initial interview, we do not
take calls during interviews or while we are preparing witnesses for
trial and the like. We will return our calls as soon as we have the
opportunity. If you have questions, please give the person who answers
the phone that question, and if you have information to provide, please
provide it to that person. Please be sure to save and send to our
office all prescription receipts or other receipts, canceled checks,
bills, or other papers connected with your case, including anything to
do with medical treatment. Additionally, hold on to any casts,
prescription bottles, orthopedic devices, pins, screws, plates, or other
evidence of your medical condition treatment, surgery or recovery. All
these items may not be used, but once they are lost they are difficult
or impossible to replace.
DO NOT, under any circumstance,
discuss your case with anyone except members of your Wilmington Personal
Injury Attorney’s office. Please discuss your injuries fully with your
doctor, but do not discuss the legal aspects of your case.
You
will be informed of any offer that is made in settlement of your case
promptly upon receipt in this office.
We look forward to the opportunity to
represent you in the days and weeks to come. If you have any questions
or comments, please give us a call.
This website and its contents are for
informational purposes only and are not to be construed as legal advice
or as creating an attorney-client relationship. For more information or
to contact Attorney McCurry, call 910-772-1254 or email at
todd@toddemccurry.com
or
lawyertm@bellsouth.net.
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