PERSONAL INJURY CASES 

A personal injury case involves any situation where you are injured due to the fault of another.  If you are covered under workers’ compensation, you normally do not have a separate personal injury claim against your employer or co-workers for injuries suffered on the job.  However, personal injury cases may include injuries occurring on the job if caused by someone not connected with your employer.  In some cases, even if you are partially to blame for the accident, you may be able to recover a portion of your damages.  This is Comparative Fault or Negligence. 

Many states require standard automobile insurance coverage to include uninsured motorist coverage.  Uninsured motorist coverage insures you for damages when the wrongful driver does not have insurance.  This insurance is available to you if you or the owner of the vehicle you were riding in, previously purchased this coverage. 

Most insurance companies also offer “underinsured” coverage. Underinsured coverage is important if the amount of insurance coverage that the person causing the accident carries is not enough to compensate you for your damages.  If this is the case, then it is possible to receive additional compensation through the underinsured policy.  It will be necessary to have your attorney review your insurance contract with you to determine if you have this coverage.  We suggest that if you do not have underinsured coverage you discuss it with your insurance agent as the relative cost may be insignificant compared to the protections it provides you. 

If your injuries are quite serious or if your case has complicated legal questions, it sometimes becomes necessary to file a lawsuit and proceed with preparation for trial.  However, the court system is overloaded and it may take twelve to twenty-four months after filing suit to have your day in court.  We know this is a frustrating time, so please feel free to call when you have questions.  We are here to advise you and to assist you in obtaining the best recovery possible. 

States such as Washington require arbitration in certain situations.  Arbitration is a somewhat more expedient and less formal process than a jury trial.  Through arbitration, it is sometimes possible to receive compensation for your injuries in a quicker fashion than through the normal judicial process.  It will be necessary to speak with your local attorney to determine if your case falls into a classification subject to arbitration.  In the state of Idaho and Utah, arbitration and mediation may be available in certain circumstances.  Arbitration is usually required in “uninsured” or “underinsured” cases.

HOW MUCH SHOULD I TELL MY DOCTOR? Make sure your accident is recorded as the source of your complaints.  Give accurate details.  Do not understate or overstate your ailments.  It is important for your doctor to know how you feel so that they can properly treat you.  If you plan to see any additional doctors, please advise us before you see them and give us their names and addresses.  Be clear about your complaints as your doctor will be writing it all down.  If you are not satisfied with your doctor, you may change physicians, but talk to your attorney first.

WHAT SHOULD I DO ABOUT MY MEDICAL BILLS? In many cases the insurance company for the person that caused your injuries will not be willing to pay medical bills or lost wages until your case has been settled.  This is often a way for them to pressure you into settling too soon.  However, you may have other alternatives available.  Some states, such as Utah, require personal insurance protection, which requires your insurance company to pay medical bills and partial lost wages.  Other states leave it up to you to purchase this coverage voluntarily from your own automobile insurance company.  Also, personal medical insurance should be considered as a resource for paying these bills. 

Have your own insurance carrier pay as many hospital and doctor bills as possible and if you can pay any remaining balances, do so.  Doctors and hospitals are much more cooperative when their bills are paid.  You should not expect them to wait until your case is tried or settled to receive payment.  Do not be afraid to submit these bills to “your own” insurance company under your medical payments coverage.  Your insurance company will usually have a right to be repaid from the insurance company at fault. 

Obtain and keep duplicate copies of your medical and prescription bills and periodically send copies to us for our files.  In addition, keep records for any other expenses you may have in connection with your accident such as hiring extra help, mileage to and from your doctor or therapist, babysitting so you can go to your appointments, wage loss, and anything else you can think of.  Make sure you pay by check or get a receipt for anything you pay which is related to your claim.

WHAT SHOULD I DO ABOUT PROPERTY DAMAGE? If your automobile or other personal property has been damaged, have it photographed and examined by an expert to put a value on the damage. If your case involves a product or instrument not in your possession, please try to see that it is not repaired or disposed of until we have photographed it and, if necessary, had it examined by an expert.

DO YOU NEED TO KNOW MY WITNESSES? YES! Please furnish us with the correct names, addresses, and telephone numbers of any and all witnesses you learn of.  They can include fellow workers and people who see you every day.  If someone is planning to leave the area permanently, please call so that, if necessary, we can take a statement from that person.

WHAT KIND OF EVIDENCE DO I NEED TO PROVE MY CASE? If you or anyone you know has taken any photographs connected with your case, please give us the negative and prints.  If you have a disfiguring or severely disabling injury, or if you are required to take any unusual treatment like traction or a halo brace, notify this office so that we can advise you if photographs should be taken.  If in doubt, take some pictures. If your injury requires a case, brace, or any other appliance, save it for evidence at trial.  Tell us that you have these items so that we can advise you on proper storage.  We may want to keep them at our office.  We can’t stress enough how important it is to save any physical evidence related to your case and to discuss that evidence with us. 

If you have been unable to work as a result of your accident, we will need payroll records or a statement from your employer starting what your wage was and how much work you have lost due to your accident. 

In certain situations, your attorney may employ the services of an investigator to photograph an accident scene or interview witnesses.