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CLIENT PERSONAL INJURY PAMPHLET The Law Office of Salesia V. Smith, P.A. wants to thank you for selecting our law firm to protect your interest and handle your personal injury case. We are working hard to help rebuild the lives o those seriously injured. By entering into the contingency fee agreement with our firm, a client/attorney relationship has been created. The client/attorney relationship is one of the oldest recognized privileges. This privilege requires that we hold any information learned about you, whether or not related to your case, in the utmost of confidence. Although each case is unique, it has been our experience over the years that certain questions frequently arise during our representation. This pamphlet will hopefully answer some of the questions that you may have or may arise during our handling of your case. Who will be working on my case? There could be several people working on your case: Attorney Smith-Gordon, a legal secretary, a paralegal, litigation assistant, an investigator, a nurse paralegal, and other team members of this law firm. Each person has a role in processing documents, gathering information and assessing evidence in a manner best in presenting your case. Who do I contact if I have a question about my case? Anyone in the office who is working on your case will be happy to answer questions you may have. Your questions can be communicated to our office by telephone, by letter, or by scheduling an appointment. If a question cannot be answered by the person with whom you are speaking, your question will be forwarded to the proper person. For instance, at the early stages of the case, while evidence is being gathered, your questions most likely are best directed to the legal secretary or the paralegal. However, necessary, the attorney will answer the questions. Sometimes, Attorney Smith-Gordon may be temporarily unavailable or carrying out other legal functions. In her absence, the office coordinator or other staff member will take a detailed message and have your call returned as soon as possible. You will often find that our firm’s staff members will have the answers to many of the questions you may have, so by all means talk with them. However, only Attorney Smith-Gordon is permitted to give you a legal opinion or advice. When is my lawyer's office open? The office is opened 8:30a.m – 5:30p.m., Monday through Friday. After hours and holidays a voice mailbox is available for you to leave confidential messages. The message will be retrieved the following business day and returned. It is most helpful if you leave a detailed message such that your issue can be addressed by the most appropriate team member. Included with your message please leave your telephone number and if possible an alternate number to contact you. Your call will be returned at the earliest opportunity. How long will it take to resolve my case? Some cases take months to resolve, others take years, but on the average it takes between twelve (12) and eighteen (18) months to resolve a personal injury case. When will my case be resolved? Although there are delays inherent in the court system that will prolong the resolution of cases, the main factor that will delay the resolution of your case is your body's normal healing process. Who decides when it is time to try to resolve my case? Our office will obtain medical records from all doctors who treat you for your injuries. From time to time Attorney Smith-Gordon will conference with one or more of your treating doctors for the purpose of having them complete a report which will be submitted to the insurance company or the defendant in your case. When your doctor has performed all the tests necessary to diagnose and treat your injuries and has determined that you are not likely to get any better or any worse, we will request that your doctor write a final report outlining the degree of permanent impairment you have sustained as a result of your accident. It is the formulation of this final report by your doctor that begins the settlement negotiation process. How do you decide how much my case is worth? Every personal injury case involves an analysis of three elements: Causation We must be able to prove that the defendant’s actions or failure to act caused your injuries or aggravated injuries and medical conditions you already had. Liability In analyzing the liability of your case we attempt to determine the probability of proving that the defendant was negligent. Negligence means that the defendant did something that a reasonable person would not have done, or failed to do something that a reasonable person would have done under the same circumstance. Damages In analyzing the damages aspect of your claim, Attorney Smith-Gordon will determine which of the following legally recoverable elements of damage apply to your case:
Because pain and suffering is an element of every personal injury case, and because no two cases have the same amount of pain and suffering, no two cases ever have the same exact value. To determine how much money to ask the defendant or insurance company to pay in your case, Attorney Smith-Gordon relies on her experience gained from handling similar cases, a review of Florida's Jury Verdict Reporter which publishes jury verdicts from every county in the State on a monthly basis, as well as a formal review and valuation of your case by the members of our firm at a scheduled meeting. The only way to truly find out exactly what your case is worth is to go to through a full trial and have a judge or jury return a verdict. Because the vast majority of cases are settled without the necessity of a trial, Attorney Smith-Gordon will advise you of what value a judge or jury would likely assign to your case if it were to be tried as well as the anticipated costs of a trial. Who makes the decision to settle my case? You are the only person who can decide to settle your case. However, Attorney Smith-Gordon will provide you advice and direction which will assist you in making the decision whether to settle your case or go to trial. It is important for you to understand that a settlement guarantees some recovery, but no lawyer can guarantee a recovery if your case goes to trial. A settlement is by its very nature a compromise. If we are unable to negotiate a settlement which you are satisfied with, the only way to find out what your case is really worth is to accept the risks associated with trial and allow a judge or jury to return a verdict How does an insurance company decide how much money to offer on my case? Insurance companies consider the same elements of liability, causation and damages that Attorney Smith-Gordon does in deciding how much to demand for settlement from the insurance company. The insurance company may not agree with how you and Attorney Smith-Gordon have evaluated the liability and damage aspects of your case. Therefore, before any settlement is reached there are generally a series of negotiations involving offers and counter-offers between Attorney Smith-Gordon or the paralegal assigned to your case and the insurance company. Insurance companies rarely agree to pay the amount of money which you initially demand to settle your case unless your case is worth the insurance company's policy limits, even then they may decide not to pay the claim which will force us to file suit to seek justice on your behalf. All insurance companies handle their claims differently. Some companies try to resolve cases before a formal lawsuit is initiated. Other insurance companies will not make any serious attempt to settle your case until you are "on the courthouse steps" and ready to go to trial. Attorney Smith-Gordon deals with many different insurance companies every day and will be able to advise you how to approach the settlement negotiations in your particular case. What happens when my case is settled? If your case is settled it will take approximately ten (1 0) days to receive the settlement check from the insurance company or defendant. Once the check is received you and your spouse will have to endorse it. After you have signed the check it will be deposited into Law Office of Salesia V. Smith-Gordon, PA. trust account where Florida law requires that it be held until the check clears the bank's account. This generally takes seven (7) to ten (10) business days. When the check clears Attorney Smith-Gordon will provide you with an itemized closing statement which reflects the total settlement or verdict, the amount of attorney’s fees, amount of costs advanced, and any unpaid medical expanses which will be paid from the settlement. After you and your spouse have approved and signed the closing; statement, she will provide you with a check reflecting your net funds. If your case is settled without a trial, it will take approximately twenty (2 0) days from the date of settlement until the settlement proceeds can be disbursed to you. Will I be taxed on the money I receive? Regardless of whether your case is settled or goes to trial, the amount of money you receive from a settlement or verdict in a personal injury case is not taxable. There is no need to include it in your tax return or report the settlement or verdict to the government or anyone else. However, any interest earned on your monies after disbursement to you is taxable. What if I am not willing to accept the insurance company's offer? If a settlement cannot be reached before filing a suit, Attorney Smith-Gordon will file the appropriate lawsuit on your behalf. The complaint is the formal legal document that initiates the litigation process. Your case will ultimately go to trial if it is not resolved by way of settlement during the litigation process. Just because your case does not settle before a lawsuit is filed does not mean it will definitely go to trial. Cases can settle at any time up until, during or after a trial. In fact, before the judge assigned to your case will allow it to go to trial, all parties will be required to attend a mediation settlement conference, which is a pre-settlement conference, designed to make additional efforts to resolve your case. The mediation settlement conference typically takes place several weeks before the trial date and is presided over by a retired judge or experienced attorney. Is my case going to trial? About 85% of all civil cases settle prior to trial. The cases which most often go to trial are those cases involving questionable liability, questionable damages, or cases where the plaintiff has pre-existing medical conditions or injuries thus questionable causation. However, we handle and prepare all our cases as if they are going to trial even though they may settle at some stage before trial. When is my case going to trial? Depending on the court in which your case is filed and the judge to which it is assigned, your case will usually be set for trial between four (4) and twelve (12) months after a trial date is requested. However, your case will not go to trial until we know the full extent of your injuries and future medical needs. Judges periodically set aside anywhere from two (2) to six (6) week periods of time to try cases. When your case is set for trial it will be on a list with approximately twenty (20) to thirty (30) other cases. Your case could be called to trial any time during the trial period, it is usually impossible to know the exact date your case will go to trial until only a few days before the trial is scheduled to begin. Attorney Smith-Gordon will keep you advised as your trial date approaches. You will need to be present for your trial unless there is a significant medical reason you cannot. What happens if we go to trial and lose? If your case is lost at trial, Attorney Smith-Gordon may file a Motion For A New Trial. These motions are typically denied unless something egregious occurred during the trial of your case. If the judge refuses to grant a new trial, you have the right to appeal your case to a Florida District Court, and in very limited situations, to the Supreme Court of Florida. The appeal process typically takes between twelve (12) and twenty-four (24) months. If you lose your case at trial, the defendant is entitled to tax certain costs of preparing their defense against you personally. Additionally, in some circumstances if the amount of money that the jury awards you at trial is less than the amount of money that the defendants has offered you to settle your case, the defendant is entitled to tax not only costs but also attorneys fees against you. What happens if we go to trial and win? On the other hand, if your case is won at trial, you are entitled to tax certain costs of preparing your case against the defendant. Likewise, in some circumstances if the amount of money that the jury awards you at trial is more than the amount of money offered by the defendant to settle your case, you may be entitled to an award of attorneys' fees as well as costs against the defendant. Who is going to pay for my medical bills? Although the defendant in your case, if found liable for your accident, can be held responsible for your medical expenses, the law does not require the defendant or his insurance company to pay your medical expenses as they are incurred. Medical expenses are however, considered by the defendant or his or her insurance company when determining how much money to offer you to settle your case and will be considered by the judge or jury in accessing your damages at trial. In every case you should provide all medical bills that you receive to the paralegal or litigation assistant assigned to your case so that we may maintain an accurate medical bill file. Depending on your case, there are a variety of different insurance coverages that may be available to pay your medical bills as they are incurred, these include:
If you have insurance to cover your medical bills, the law allows the insurance company thirty (30) days from the date the bill is submitted to them to make payment. However, if an insurance company has a question about the reasonableness or necessity of a medical bill, it has the right to request additional documentation from you or your doctor before payment is made. C ontinued medical treatment is one of the most important aspects of your health and thus your case. I f you have no insurance or funds to pay your doctors you should notify us immediately so that we can attempt to make arrangements for you to see a doctor. This is frequently accomplished by having the doctor agree to treat you without payment provided that payment will be made at the time your case is resolved, called a Letter of Protection ( LOP). You may also qualify for Medicaid or other government programs which will provide your doctors with payment. Who is going to pay for the time I miss from work? As with medical bills, the defendant is not responsible for paying your lost wages as they are incurred. . You should keep close track of all time lost from work as a result of your injuries. This is an important factor in assessing the value of your case. Insurance companies do not consider claims for lost wages unless they can be documented. Moreover, if your case goes to trial, lost wages must be proven with specificity and appropriate documentation. Therefore, it is essential that you provide us with your complete tax returns, W-2s and/or other documents substantiating your earnings both before and after your accident or injury. What can I do to help? Short Answer: Do what you can to restore your health by following doctor’s orders and stay in constant contact with us. Your Background / History: The most important function you can perform during the handling of your case is to keep us fully and completely informed. You should discuss completely and openly all aspects of your case and your personal background, both good and bad. Virtually every case has some negative element. There are few negative aspects of a case which cannot be successfully handled by Attorney Smith-Gordon provided that he or she knows about them. When insurance companies defend cases they leave no stone unturned . It is the defense lawyer's job to create or discover negative information about you and your case. We need to know any negative information before the insurance company finds out and they will find it. Let us help you. What you tell us is held in strict confidence. If the insurance company or defendant discovers something negative about you or your case before your own attorney does, your case may be irreparabley damaged. Medical Treatment Status An important part of a personal injury case is the injury. In order to present your claim to the insurance company or we must have copies of all of your medical records and all medical bills. Keep us up-to-date with your medical treatment. If your treating doctor refers you for a test outside of his office, to another doctor, to physical therapy, or any other medical treatment let Attorney Smith-Gordon or staff member know so we may obtain the medical records and medical bills can be obtained. Remembering Facts Tell Attorney Smith-Gordon, paralegal or litigation assistant assigned to your case everything about you and the collision or incident comprising your injuries. Sometimes the things you think are unimportant may turn out to be the most important aspect of your case. Attorney Smith-Gordon will determine importance of the information. Prior Medical History: It is also important that the lawyer and paralegal handling your case have a full and complete understanding of your medical history prior to the accident or injury we represent you for. Insurance companies usually inquire extensively into any injured person's medical history in the hopes that they will uncover a previous accident or condition upon which they can attempt to blame your current condition or problems. It is vitally important that Attorney Smith-Gordon knows about your prior medical history before the defendant does so that the presentation of your claim can be tailored in a manner consistent with your complete medical history. If you have a pre-existing injury or medical condition it is "essential" that you tell us. Current Medical Treatment (Post Accident) In addition to being open and candid about your prior medical history, it is also vitally important that you provide each of your treating doctors with a full and complete prior medical history. The strength and credibility of your doctor's opinions will determine in large part the value of your case. A doctor's opinion is worthless if it is based upon incomplete or inaccurate information about your medical history. The first time you go to a doctor's office you will be asked to fill out several forms. These forms often ask you questions about the nature and extent of your injuries, the accident you were involved in, as well as any prior medical history. Be sure to fill these forms out completely and honestly. The doctor often uses this information as a basis for his opinions. Without accurate and complete information, the doctor's opinions will not be credible. Be sure to convey all of your complaints to your doctor. Do not exaggerate or over state your complaints at any time, but be sure the doctor is well aware of all your symptons. Insurance companies will carefully review and will rely on your medical records in evaluating your case. Months or years after your visit when a doctor is called upon to render testimony, the only thing he will remember about the visit is what is contained in his medical records. The doctor will most likely testify that if something is not written in his medical records that mean you did not mention the problem to him. Be sure to follow all of your doctors' recommendations. Insurance companies love cases where injured persons do not follow the doctor's recommendations or do not maintain a consistent course of medical treatment. Attorney Smith-Gordon understands that it is an inconvenience for you to take time from your work and daily routine to attend a doctor's appointment, but if you fail to maintain a consistent course of medical treatment you provide the insurance company with a very valuable argument that your injuries cannot be as bad as you claim because if they were, you would be going to the doctor and following his/her recommendations. It is also important for you maintain a consistent course of “needed” treatment with your doctor If your doctor testifies at trial that he has not examined you in several months, his opinions about the nature and extent of your injuries, as well as your need for future medical care, will not carry much weight. Changes Be sure to keep Attorney Smith-Gordon and her legal team advised as to any changes of address, marital status, occupation, new doctors or physical therapists, or additional accidents or injuries. What are some of the adverse things that may affect my case? You should be sure to let us know about all of the following:
What can I do that will hurt my case? Truth Wins the Day The easiest way to hurt your case is to not tell the truth. Insurance companies know that even the best cases can be ruined or significantly weakened if the person who is claiming injury has not told the truth, or appears to have not told the truth. Insurance companies and defense lawyers most frequently try to call an injured person's credibility into question with regard to the person's medical history before the accident or incident that gives rise to their claim. If your treating doctors' records do not reflect your medical history accurately, insurance companies and defendant lawyers know that it will appear that you are trying to hide something. Similarly if you testify you were in good health before the accident and later medical records are discovered which contradict your statements, the value of your case has been significantly lessened. It is impossible to conceal prior medical treatment from an insurance company. The insurance industry's vast computer network allows them to gain information on your prior medical history from other states and countries. Surveillance: Often insurance companies use investigators to observe you in an effort to call into question the credibility of an injured person. A single still photograph or short segment of video tape depicting a person who claims to be injured engaging in work activities and/or recreational or sporting activities against doctors' advice or in contrast to their testimony can severely damage their case. It is entirely legal for insurance companies to photograph or video tape you any time you are in the public view. However, if you suspect that you are being followed or watched you should contact the police immediately. The companies that perform surveillance often contact the local police department and advise them that surveillance is being conducted. You should not avoid activities while your claim is pending simply because you are worried that someone may be watching you. You should follow your doctors' recommendations regarding work restrictions and/or recreational or sporting activity restrictions. As always, be truthful with your doctor about your problems and limitations. If your doctor's notes reflect that you are in too much pain to ride a bicycle and the insurance company has video tape surveillance of you riding a bicycle, your case has unquestionably been adversely affected. What is The Law Office of Salesia V. Smith-Gordon's goal in representing you? Law Office Of Salesia V. Smith-Gordon, PA wants you to be a satisfied client who is so pleased with our services that you will have no hesitation recommending us to your family and friends should they require a personal injury attorney. We will work hard to help rebuild the lives of those seriously injured. We look forward to representing and working with you to achieve that goal by obtaining a fair recovery on your behalf. If you have any questions or concerns, please feel free to contact us (561) 655-9279. If your issue or questions cannot be addressed by telephone, we will schedule an office appointment with you. Remember, Attorney Smith-Gordon and staff function as a team and are here to help you. May Justice Prevail! |
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