PERSONAL INJURY & WRONGFUL DEATH
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Guidelines
The following is a list of guidelines, or tips, you should consider if you are injured in a motor vehicle collision:
- Seek An Attorney's Advice as soon as possible. At Effner Law Firm, we would be pleased to schedule an appointment with you at your convenience.
- Do Not Admit Responsibility for the accident. Even if you initially believe you may be at fault, investigation may indicate otherwise, and what you say may later be used against you.
- Do Not Give A Statement to an agent or representative of the other driver's insurance company or your own insurance company without your attorney's knowledge and consent. You should, of course, comply with the requirements of your own insurance policy, which may require you to notify your insurance company of the incident and provide certain information. If you have questions regarding what information to provide, you should first consult with your attorney.
- See Your Doctor as often as necessary and always tell him/her about all your complaints. Do not minimize your ailments. A doctor must know each of your complaints/injuries in order to properly treat you.
- Keep Records of lost time and wages; hospital, doctor, prescription and other medical bills; other losses directly resulting from the collision; and your injury complaints and progress. Pay your bills by check and/or obtain and keep receipts.
- Do Not Repair Your Vehicle until your attorney has had time to examine it, have it photographed and/or have it examined by an expert, if necessary.
- Provide The Name, Address And Telephone Number Of Each Witness of which you are aware to your attorney.
- Offenses, Fines Or Disciplinary Actions. Do not appear or give a statement before a traffic court; a coroner's inquest; a railroad investigating agency; a union investigation agency; or any other type of disciplinary board, panel or other proceedings without first notifying your attorney in order that he/she might be with you and represent you at such a hearing. The reason for this is to be sure that you do not prejudice yourself in the personal injury action.
- Evidence. Give to your attorney the negatives and prints of any photographs pertaining to your case which you or any of your friends or relatives have taken. If you are required to be in the hospital and are receiving any type of treatment, like traction or physical therapy, you should notify your attorney so that he/she may have the opportunity to have you photographed. If your injury requires a cast, brace, traction or other appliance, save it for evidence in trial. Also, you should talk with your attorney about any evidence that you have or of which you know the whereabouts that may help to prove your case. Save any physical evidence and discuss it with your lawyer.
- Submit Your Hospital And Doctor Bills to your own automobile and/or health insurance carrier for payment and allow your insurance to pay as many medical bills as possible. However, be sure to provide your attorney with copies of all bills.
- Sign Nothing until you check with your attorney.
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Our practice at Effner Law Firm primarily focuses on cases involving Personal
Injury or Death. Types of cases we will handle in this area include injury or
death resulting from:
- Automobile, Truck, Motorcycle and other Motor Vehicle Collisions
- Collisions involving a Pedestrian
- Defective or Unsafe Products
- Premises Liability / Slip & Fall Cases
- Injuries at Work
- Airplane Crashes
- Fight/Battery
- Animal Bites.
FIRST CONSULTATION FREE,
NO FEE IF NO RECOVERY
& CONTINGENT ATTORNEY FEES
At Effner Law Firm, there is no charge for a consultation concerning a personal
injury and/or death case. Furthermore, we will not charge for our services
unless we recover money damages for our client. That being the case, you have
absolutely nothing to lose by scheduling an appointment with us.
If we accept your case, we are paid ONLY if we recover money damages for you.
Our attorney fee is based on a percentage of the recovery and amounts to
one-third of whatever is recovered through settlement or trial. If a second
trial or an appeal to the Appellate or Supreme Court becomes necessary, our
attorney fee becomes two-fifths of whatever is recovered.
WHY YOU NEED AN ATTORNEY
An insurance company is a business, and like most businesses, insurance
companies are "in business" to make money. As such, an agent or representative
of an insurance company likely has the best interests of the insurance company
in mind. That means they want to pay out as little as possible. The less they
pay to you, the more money they keep for the insurance company. That's their
job, and unless you have experience in dealing with issues involved in injury
cases, the insurance company generally has a distinct advantage in negotiations
over people representing themselves.
At Effner Law Firm, our job is to level the playing field and use our experience
to help our clients get a fair amount of money for their injuries and damages.
As our client, we have your best interests in mind and will focus our efforts on
helping you.
CHOOSE AN ATTORNEY CAREFULLY
Most people have many questions after being involved in an incident resulting in
injury. Concern regarding medical bills, lost wages, car repair bills in an
automobile accident, and other expenses are common. Additionally, you may be
suffering from physical and/or emotional pain.
An experienced attorney can help ease some of the accident-related stress by
explaining the process and providing representation in dealings with insurance
companies and their attorneys. It is important to seek the assistance of a
qualified attorney as soon as possible. Many things need to be done early in the
investigation process that can ultimately affect the outcome of the claim.
Insurance companies representing persons at fault have professionals, including
attorneys, working for them. Effner Law Firm suggests that you hire an
experienced attorney to work for you. It is very important that you select an
attorney carefully. Because of the advent of attorney advertising, you have
likely seen advertisements on television, in the newspaper and on the internet,
heard ads on the radio, and/or received materials from law offices. Please do
not choose a law firm or attorney, including this firm, based on such
information alone. At Effner Law Firm, we encourage you to check an attorney's
reputation and select a law firm that not only has experience, but is deserving
of your trust.
We would welcome the opportunity to sit down and talk with you, face-to-face,
about any questions or concerns you may have. Your consultation will be free of
charge, and if we accept your case, there will be no attorney fees unless we
recover money damages for you. Furthermore, if you are unable to come to our
office, we will be happy to schedule an appointment at a time and place
convenient to you.
THE FIRST VISIT
When you meet with us for the first time, we will obtain general information
from you regarding the incident and the general nature of the injuries. We will
discuss what happened and what you can expect to happen in the future. We will
also answer any questions you may have and begin the investigation process.
EVALUATION
No case is settled until the exact nature of the client's medical condition has
been determined and all investigation has been completed. It is important to
note that doctors cannot answer many questions until treatment has been
completed or until your condition has become stable.
As soon as the investigation is completed and all necessary medical information
obtained, we will sit down with you and evaluate your case. Furthermore, we will
attempt to arrive at a proper settlement figure with you. No settlement figure
is ever submitted without our client's consent.
STARTING A LAWSUIT
Although the majority of cases are settled without a trial, the filing of a
lawsuit is not uncommon. In some cases, it is important to start a lawsuit
immediately. In other cases, if settlement cannot be reached with the insurance
company, we will discuss your options with you and consider the advisability of
filing a lawsuit. No lawsuit will be started without your permission.
A lawsuit is started by delivering to the other party a document called a
Complaint which indicates to him/her that he/she is being sued as a result of
the incident. The other party is called a Defendant. The Defendant usually takes
the Complaint to his/her insurance company which, in turn, delivers it to
lawyers who will represent the Defendant.
Although a lawsuit may be started, settlement remains an option.
DISCOVERY
Once a lawsuit has been started, both sides have the right to obtain information
about the case through the discovery process, including the use of Discovery
Depositions and Interrogatories.
- A Discovery Deposition is the testimony of a party or witness given under oath
in the presence of attorneys for both Plaintiff (you) and Defendant, and before
a Court Reporter who records the testimony.
- Interrogatories are written questions which need to be answered in writing and
under oath.
We generally use both interrogatories and depositions to help investigate the
facts. At any time throughout this period, the possibility of settlement may
come up. If anything significant occurs in settlement discussions, we will
advise you promptly.
TRIAL
Unlike some law firms, Effner Law Firm will take its client's case to trial if
doing so is in his/her best interests and he/she expresses the desire to go to
trial. Nevertheless, the great majority of cases are never tried, even though
lawsuits are begun. If your case cannot be settled for a fair amount of money,
we will, with your permission, proceed to trial.
The weeks before the trial date are spent in detailed preparation of your case.
Well in advance of your trip to the Courthouse, we will explain to you the trial
process and what will be expected of you at trial. Likewise, we will try to do
as much as possible to make you comfortable with the trial process.
CONCLUSION
The information contained herein is necessarily general and limited in its terms
and should not take the place of advice of an attorney after consultation
regarding your particular case. Each and every case we have in our office is
handled on an individual basis.
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