In
order to answer questions you might have about your case, I
would like to acquaint you with the general manner of
handling injury cases in our office. Of course, each case
is unique and handled in its own way, but, in general, all
injury cases will be treated in the same basic manner.
1. CLIENT PERSONAL INJURY REPORT
The Client Personal Injury Report provides our
office with detailed information about you and your case.
It is important that you be as thorough as possible when you
complete this report.
2. INVESTIGATION
In order to prepare your case, an investigation
of the facts is necessary. In most cases, we will contact
witnesses, take photographs, and otherwise gather
information we need about the accident. It may be necessary
to obtain information from your employer to obtain
information concerning lost income.
3. MEDICAL INVESTIGATION
Letters will be sent to all physicians and
hospitals you may have had contact with notifying them that
I am your attorney. We will also send them copies of the
medical waiver which authorizes them to give us information
about your medical condition.
4. DELAY IN FINISHING YOUR CASE
No
settlement can be made until a complete and detailed
investigation has been finished, including a thorough
review of your medical records. We may employ the services
of a registered nurse to review and summarize your medical
records.
Your case cannot be settled until the nature of your medical
condition has been determined by your doctor. For this
reason, the time necessary to process your case may be
anywhere from six months or longer.
5. SETTLEMENT EVALUATION
When all of the necessary information has been
obtained, we will evaluate your case and discuss it with
you. Once we have agreed upon a settlement amount, we will
contact the insurance company. The insurance company
generally requires approximately 30 days from the time it
receives our demand before it is in a position to respond.
Ordinarily, it does not accept the original demand, and
further negotiation is required. This negotiation requires
additional time.
6. STARTING A LAWSUIT
In many
cases, it is necessary to start a lawsuit before a
settlement is possible. This may happen when the doctor
indicates that a long period of treatment may be necessary,
when it is necessary to start a lawsuit in order to obtain
information necessary for settlement purposes, to preserve
evidence which will be lost if a lawsuit is not started, or
to avoid having your case barred by the Statute of
Limitations.
When settlement is attempted, but we are unable to agree
with the insurance company, a lawsuit will be started.
7. FILING THE LAWSUIT
A lawsuit is started by us when we prepare a
summons and complaint indicating the time, place and
description of the accident, and the nature of injuries
sustained by you. These papers are served on the
defendant. The papers are then sent to the insurance
company for the defendant, which in turn, delivers them to
its attorneys. The insurance company’s attorney then files
an answer, which gives the reasons why they claim they may
not be responsible for your injuries.
It is important to remember that most cases are
settled before trial. Even though a lawsuit may be started,
settlement is still very probable.
From the time the lawsuit is filed until the
time of trial may depend upon the county where the lawsuit
is started. In Skagit County, it generally takes six to
twelve months from the time the case is filed to the time it
is brought on for trial. In other areas, it can take
longer.
8. DISCOVERY DEPOSITION
The law allows
the testimony of parties and witnesses to be taken before
trial by what is called a discovery deposition. In this
situation, you, or the defendant, or some other witness, is
placed under oath, and questions are then asked by the
opposing attorney in the presence of a court reporter, who
records, verbatim, all of the testimony. I will be present
for any deposition. A deposition is extremely important
because the testimony can be used at the trial, and because
it frequently affects the amount of the settlement that can
be negotiated. Before any deposition is taken of you, I
will sit down and thoroughly discuss it with you.
9. INTERROGATORIES
Once a lawsuit
is started, written questions may be submitted by one party
to the other party. These are required to be answered under
oath, in writing, within a certain time. We will send
interrogatories to the defendant. We will undoubtedly
receive interrogatories from the defendant’s attorney to be
answered by you. We will tell you what procedures to follow
and will assist you in answering the questions.
10. MEDICAL EXAMINATION
The law
authorizes the defendant to require you to go to a doctor of
its choice for a medical examination. I will meet with you
before this examination to discuss it with you. The
examination will be tape-recorded, and, typically, you will
be accompanied to the examination by a registered nurse who
will take notes, make the recording, and report back to me.
This doctor will file a report with the attorneys based upon
the examination of you, and, if there is a trial, will
probably appear to testify on behalf of the defendant.
11. INSURANCE
COVERAGE
There are different kinds of insurance coverage
that may be available to compensate you for your injuries.
Washington State law requires that everyone who owns an
automobile must carry liability insurance. Not everyone
complies with the law, and the minimum liability insurance
required may not be enough to fully compensate you. In such
a case, your own insurance policy will have uninsured or
underinsured motorist coverage, unless you have specifically
rejected it. This coverage is in addition to the liability
coverage available from the at-fault party’s insurance
company.
You will also have personal injury protection
(PIP) coverage available to you, unless you have
specifically rejected it. This is a form of no-fault
insurance which is available to pay your medical bills, a
portion of your lost income, and to pay for household
services which you cannot perform because of your injuries.
In addition to PIP coverage, most people have
some other form of health insurance coverage which may also
be available to pay your medical bills.
12. SUBROGATION
If your own insurance company makes payments
under your PIP coverage, or if your health insurance company
pays for treatment necessitated by your injuries, they have
the right to be paid back out of any recovery you make from
the at-fault party. This is what is known as the right of
subrogation. This right only exists, however, if you are
fully compensated. Furthermore, your PIP carrier or the
health insurance carrier has to pay its pro-rata share of
attorney’s fees and costs.
13. MEDIATION
Mediation is a process designed to avoid trial.
Parties to a lawsuit and their attorneys appear before a
trained mediator, usually an attorney. Both sides tell the
mediator about their side of the case. After that, the
mediator meets separately with each party in an effort to
reach a common ground that is acceptable to each side. The
mediator acts as a negotiator.
Mediation has proven to be a successful way to
avoid trial. Neither side is bound to accept the
recommendation of the mediator. It is strictly a voluntary
procedure.
14. ARBITRATION
Arbitration is an alternative to trial. It is
available in many counties in this state when the amount in
dispute is not more than $35,000.00. It is also frequently
used when an injured person and his or her own insurance
company cannot agree on the amount that should be paid under
uninsured or underinsured motorist coverage.
Arbitrations are conducted by lawyers in the
community who may sit as a single arbitrator or as a member
of an arbitration panel of three. Arbitration hearings are
informal, and are typically held at one of the attorney's
conference rooms. Witnesses are sworn and evidence is
presented, but there is no jury.
Arbitration can be a quick and effective way to
resolve disputes.
15. THE TRIAL
Should a trial be necessary, we will, of course,
spend considerable time with you and your witnesses
preparing for it. Basically, all trials are conducted in
the same manner and they involve the following steps:
A)
Selecting Jury. In a jury case, the first step
is to question prospective jurors to determine whether they
can be fair and impartial. The law allows us to excuse
three jurors without giving any reason (preemptory
challenges). Any juror may be excused for cause, i.e. if
the juror cannot be fair and impartial.
B)
Opening Statement. After selection of the jury,
each attorney has the opportunity of telling the jury what
the case is about, and what proof will be presented.
C)
Presenting Witnesses. The Plaintiff calls its
witnesses first and presents its case by way of witnesses
and exhibits. The Defendant is given the right to question
the Plaintiff's witnesses when the Plaintiff has finished
asking them questions through a process called
cross‑examination. When the Plaintiff has finished
presenting its case, the Defendant is given the opportunity
to call its witnesses. The Plaintiff has the right of
cross‑examination of those witnesses.
D)
Instructions. Once all of the testimony has been
presented, the Judge will instruct the jury concerning the
law of the case.
E)
Final Argument. After the Judge has instructed
the jury on the law, I will address the jury on your
behalf. The Defendant's attorney is then given the right to
argue on behalf of his client, and I am given the
opportunity to rebut the Defendant's argument. The jury
then retires to the jury room to deliberate the case. (In
some cases the defendant has admitted liability or the judge
has ruled as a matter of law that the defendant is liable.
In that case, the jury only decides the amount of the
verdict.)
F)
Appeal. Either party may appeal from the result
within 30 days after entry of the judgment.
16. TAX CONSEQUENCES
The law of taxation changes rapidly, but at the
present time, reimbursement of medical expenses, as well as
compensation for pain and suffering, is not taxable. We
recommend that you consult your accountant or tax advisor
for information in this regard.
17. KEEPING YOU INFORMED
It is our policy to send you copies of letters
or documents which we send or which are received by us.
Even though the papers or copies of letters discuss court
appearances, you should not appear in court unless you
receive a letter from us instructing you to be there. If
you have a question or need some advice, or are concerned
about your case, do not hesitate to call our office and talk
with me or with the legal assistant assigned to your case.
