Serious Injury And Personal Injury
Tuesday, April 05, 2005
1. What is a considered to be a "serious injury" warranting substantial compensation?
It is difficult to define the boundaries of "serious injury", but it is generally recognized that certain injuries have a major impact upon the life of the victim that warrant substantial compensation when caused by misconduct.
Some examples of injuries that would generally be included would be the following:
1) Spinal cord injuries
2) Head injuries
3) Amputations
4) Disfigurement (significant scarring or burns)
5) Injuries requiring surgery
6) Blindness
7) Injuries that damage any of the major organs of the body
Another factor in considering the seriousness of an injury is the related impact upon the earnings and lifestyle of the victim. Any injury that causes a substantial loss of earnings or capacity to earn would certainly be termed "serious". Likewise, any injury that requires a victim to make major accommodations in his or her lifestyle would be included.
2. If I have sustained a "serious injury" as the result of misconduct what steps should I take to protect my legal rights?
First, it is critical not to do anything that might adversely affect or prejudice your rights. No statements, written or recorded, should be given to adjusters or investigators. No signed authorizations permitting the insurance companies of the wrongdoers to have access to your medical providers or records should be provided.
Second, at the earliest possible time, consultation with an attorney experienced in "serious injury" claims should be sought. This consultation is usually free of charge and can be accomplished at your home, a hospital, or any other convenient location.
3. How can I select an attorney experienced in "serious injury" claims?
In each community there are attorneys and law firms recognized as competent to properly present and, ultimately litigate if necessary, serious injury claims. These attorneys are generally Board Certified Civil Trial Lawyers who have demonstrated the unique skills necessary to accomplish the substantial financial recoveries warranted. They also belong to both state and national organizations for the attorneys specialized in the representation of seriously injured persons. This would include the Association of Trial Lawyers of America, for example.
Other attorneys are often able to make a referral to a properly qualified trial lawyer. Friends and relatives are sometimes able to do the same. You may already have some awareness of a potential attorney because of his or her high profile in the community.
The most important step occurs when you first meet with the potential attorney. You should inquire about qualifications and experience with serious injury matters. You should ask about board certification. You should discuss the knowledge of the attorney about the particular injuries involved. Additionally, you should explore the experience of the attorney or his firm in the type of liability claim that would be involved. As an illustration, it would be important to know whether or not the attorney had handled claims against drug manufacturers if your injuries resulted from a dangerously defective drug.
4. As a person who has sustained a "serious injury" should I seek a consultation with a properly experienced attorney if I do not know of a particular act of misconduct?
There are benefits to obtaining an initial consultation with a properly experienced attorney even in situations where there is no immediately obvious act of misconduct.
Attorneys who specialize in claims based on serious injuries generally keep abreast of the literature and reports of product defects, new areas of medical malpractice, ongoing or contemplated class action lawsuits, developing legal precedents and theories, and the scientific community's contributions to personal injury law. As a result, it is possible that the attorney would have an awareness of a legal avenue to a financial recovery that is not generally known to the public.
5. What should I expect from my attorney concerning the medical facts and circumstances of my "serious injury"?
Your attorney should monitor and understand the medical diagnosis and treatment of your injury. He or she should gather the relevant records and medical information in order to fully understand the nature and extent of your injuries.
This may require medical research or consultation with outside medical experts. It may also require conferences with you to discuss ongoing and future treatment. While it is not the role of your attorney to chart or determine your medical care, there is an obvious need to be intimately aware of the care and its impact upon your life. You will also gain from the interaction with your attorney on medical matters because you will be more fully informed on the content of your records and your medical options.
6. How does the selection of a properly qualified civil trial lawyer ultimately impact the settlement or financial recovery in my "serious injury" case?
It is generally recognized that insurance companies and defense attorneys in their consideration of a claim consider the skill and expertise of legal representation. This is particularly true when "serious injuries" are involved. Knowing that a full and convincing presentation of the past and future damages of the victim will be ultimately made has an impact upon the evaluation of a claim. Discuss your situation with us today.
