INITIAL CONSULTATIONS ARE FREE
If you have been in an accident, or a family member has been
injured or killed in a crash or some other incident, you have many
important decisions to make. I believe it is important for you to
consider the following:
1. Make and keep records-- If your situation involves a motor
vehicle crash, regardless of who may be at fault, it is helpful to
obtain a copy of the police report, learn the identity of any
witnesses, and obtain photographs of the scene, vehicles, and any
visible injuries. Keep copies of receipts of all your expenses and
medical care related to the incident.
2. You do not have to sign anything--Don't give an interview or
recorded statement without first consulting with an attorney, because
the statement can be used against you. If you were charged with a
traffic or other offense, it is advisable to consult an attorney right
away.
3. Your interests versus interests of insurance company-- Your
interests and those of the other person's insurance company are in
conflict. Your interests may also be in conflict with your own
insurance company.
4. There is a time limit to file an insurance claim--Legal rights,
including filing a lawsuit, are subject to time limits. You should ask
what time limits apply to your claim. You may need to act immediately
to protect your rights.
5. Legal assistance may be appropriate--You should consult with an
attorney before you sign any document or release of claims. A
release may cut off all future rights against others, obligate you to
repay past medical bills or disability benefits, or jeopardize future
benefits. If your interests conflict with your own insurance company,
you always have the right to discuss the matter with an attorney of
your choice.
7. How to find an attorney -- If you need professional advice about a
legal problem but do not know an attorney, you may wish to check
with relatives, friends, neighbors, your employer or co-workers who
may be able to recommend an attorney. Your local bar association
may have a lawyer referral service that can be found in the Yellow
Pages.
8. Check a lawyer's qualifications--Before hiring any lawyer, you
have the right to know the lawyer's background, training, and
experience in dealing with cases similar to yours.
9. How much will it cost?-- In deciding whether to hire a particular
lawyer, you should discuss, and the lawyer's written fee agreement
should reflect:
a. How is the lawyer to be paid? If you already have a settlement
offer, how will that affect a contingent fee arrangement?
b. How are the expenses involved in your case, such as telephone
calls, deposition costs, and fees for expert witnesses, to be paid?
Will these costs be advanced by the lawyer or charged to you as
they are incurred? Since you may be obligated to pay all expenses
even if you lose your case, how will payment be arranged?
c. Who will handle your case? If the case goes to trial, who will be
the trial attorney?
This information is not intended as a complete description of your
legal rights, but as a checklist of some of the important issues you
should consider.
WARNER MENDENHALL, ATTORNEY AT LAW
330.535.9160