The Law Office of Richard B. Hein : Instructions for the Injured

1. Lost work time and wages.

2. Other expenses resulting from your injuries, i.e., transportation, home care, etc.

3. Pain and suffering.

4. Your physical limitations.

It is important to make your entries on an ongoing basis. A summary at the end of each month will not be as helpful to us. Copies of checks and receipts of payment, as well as the above records, will be very helpful when you may be asked by the insurance company or an attorney to recall your pain, physical disabilities, and any out-of-pocket expenses including medication.

Some of our clients are involved in an accident where there is no medical payments insurance, worker’s compensation or private health insurance. In such cases, your doctor will expect to be paid by you at the conclusion of this case. Often they will require you to agree, in writing, to have us pay them directly from the proceeds you receive. State laws sometimes permit health care providers to file a “lien” which must be paid out of the proceeds of your case. If your doctor asks you to sign what is often called a “lien letter”, be sure to contact our office. In some cases, it may not be appropriate for you to sign such an agreement.

If any insurance company pays some of your medical or other expenses arising from your injury, the law provides “subrogation” which means that the insurance company stands “in your shoes” and can recover from the liable party some or all of the amounts paid on your behalf. If this is the case, they usually are required to pay their proportionate share of the attorney’s fee and costs in connection with the recovery. This is handled on a case-by-case basis.

When a claim is filed by an injured person, insurance companies routinely conduct a detailed investigation of the injured person’s background. It is not uncommon for an insurance company investigator to park his surveillance van near your house and videotape your activities. These investigators work very hard to obtain videotapes of claimants lifting heavy groceries or engaging in strenuous physical activity. However, these same surveillance tapes have been useful to corroborate our client’s limitations, including the use of canes, crutches, etc.

If you believe you are being watched, please call us and try to avoid the camera. Do not exaggerate your limitations or pose for the camera.

If you are considering filing bankruptcy, you should know that you may lose all rights to your personal injury case. The Bankruptcy Court can take over your case, settle your case and give your settlement money to your creditors, and you will receive nothing. Be sure to talk to your lawyer before filing bankruptcy.

We cannot make your claim until after the doctors have given us reports stating exactly what your medical condition is and what they expect it to be in the future: in other words, until you have reached “maximum medical improvements”. Many times the doctors will be very slow in making these reports. We may even, on occasion, ask you to contact your doctor to speed up this report. If we try to settle your case before your medical condition is stabilized, you may lose money that you might be entitled to for a condition that did not show up until after your case was settled.

It is important to know that your case will not be settled until the damages have been determined and all investigations to determine who is liable have been completed. It generally takes several months to gather the necessary information. If a trial becomes necessary, it can take several years to complete a case. One of the most difficult requests we make of you is to have patience. We will work as hard and fast as possible to settle your case quickly.

It is impossible for us to tell immediately how much money, if any, you will recover in connection with your case. There is no formula and each case is unique and different. In cases of serious injury, the ultimate recovery is often related to the amount of insurance coverage available, as well as the nature, extent, and duration of your injuries, along with an assessment of liability. As your attorneys, we feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this by locating all sources of money. We will advise you of our evaluation in this regard.

In general, most states allow recovery of damages for the following elements of damage:

1. The nature and extent of injury, including whether the injury is permanent, and the amount of disability.

2. Medical expenses, both past and reasonably certain to be incurred in the future. This includes mileage to and from the doctor or hospital.

3. Wage loss, past and future and loss of capacity to earn a living

4. Pain and suffering, including your motor vehicle and other items of personal property.

5. Loss of consortium for your spouse, past and future.

It may be necessary to file a lawsuit to obtain an adequate recovery. This is a legal decision that should be made by your attorney with your input. Before filing suit in your case, we will obtain your permission and explain to you why we believe a lawsuit should be filed.

Although a lawsuit may have to be filed, settlement is always possible. Negotiations continue and only a small percentage of lawsuits actually go to trial.

A. Pleadings

Pleadings are the documents parties file in court that form the basis of a lawsuit. This is intended to be general information only. Each case is unique.

1. Complaint or Petition. A lawsuit is filed against an opposing party by filing a document in court known as a complaint or petition. The person who brings the action is the plaintiff – you. The person against whom the action is brought is the defendant. The petition is a statement of facts alleging the names of the parties and alleging why the conduct of the defendant entitles the plaintiff to recover damages.

2. Summons. Once the plaintiff’s petition is filed, a “summons” is issued to be served on the defendant by an officer of the Court, usually a Deputy Sheriff or process server, informing the defendant that suit has been filed and that a response must be made within a given period of time or a judgment will be taken against him.

3. Answer or Motion. The response filed by the defendant is called an Answer, which is prepared by the attorney for the defendant. Alternatively, if a defense attorney feels there is a fatal flaw with the lawsuit a motion to dismiss the complaint or to strike portions of the complaint may be filed

B. Discovery

Once an action is filed, both sides have a right to “discover” facts concerning the opposing party’s case. Normal discovery proceedings include written interrogatories, depositions, production of records, and sometimes medical examinations.

1. Interrogatories.

Each side may serve written questions on the opposing party, called “interrogatories”. You are required to answer these questions within a prescribed period of time, in writing and under oath. We will serve interrogatories on the defendant in your behalf, and the defendant will serve interrogatories on you, which you must answer. Our staff will assist you in preparing your answers.

2. Depositions

A “deposition” is an oral and transcribed statement, under oath, which may be used by either side in a lawsuit. It has the same effect as testifying at trial. It is used to learn as much as possible about the other side’s claims or defenses. Those present are the parties concerned, their lawyers, sometimes an additional witness or two, and a court reporter who records the questions and answers.

The lawyers normally agree in advance where the deposition will be held. It is usually in the office of one of the lawyers.

You are required by law to give a deposition. This is not something in which we have a choice. Because of this, we will need your full cooperation. Prior to the deposition, your lawyer will go over the facts of the case with you and answer any questions you might have.

YOUR DEPOSTION IS OFTEN THE MOST IMPORTANT PART OF YOUR CASE. It is important that you be prepared well in advance of the deposition date.

c. Think before you make any answer to any questions. If it concerns a matter about which you do not know, or a detail you do not remember, you may so state. However, once you have stated that you do not know or remember, it’s hard to change your testimony at trial.

d. Always be polite. Frequently the other attorney will ask you many questions which will seem to you to have no bearing upon the case. Nevertheless, it is your duty to answer these questions, notwithstanding the fact that they may irritate you.

e. Never conceal prior injuries or prior illnesses. Remember, the other side has the means of obtaining such information.

There are occasions when the parties submit the dispute to “mediation”. The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option to your case, your lawyer will discuss it with you.

If you were hit by an uninsured motorist or underinsured motorist, you may be eligible for benefits under your own policy or the policy that covered the vehicle you were in. Many insurance companies have special provisions if you desire to proceed against the uninsured motorist provision of the policy. In most cases, you will be able to collect for your lost wages, medical bills, pain and suffering, etc., in the same way as if the driver that hit you did have insurance. We ask that you provide us with a complete copy of your own insurance policy in force at the time of the accident.

Any injury claim, whether it stems from a car collision or other event that involves the government, is subject to special rules. The governmental entity involved may be the state, a city, a county, local government, or the United States. Generally, a Notice of Claim must be filed with the appropriate governmental agency very soon following your injury. If you believe that the government may be involved in your case, please notify us immediately.

We take personal injury and workers’ compensation cases on a contingency fee basis. This means that if there is no monetary recovery, you owe us nothing for our services. In the event of a recovery, costs and fees associated with bringing the lawsuit will be deducted from the total judgment or settlement.

In most cases, our Firm will advance the expenses of the case and we will be paid back by you when there is a recovery.

Being injured because of someone else’s negligence is a very unfortunate event in people’s lives. Most people don’t have thousands of dollars set aside to pay for unexpected doctor and hospital bills. Luckily, most people carry vehicle and homeowner’s insurance. Missouri and Illinois state law require all drivers to carry a minimum amount of insurance in order to obtain registration for their vehicle. Unfortunately, sometimes people let their insurance lapse and are therefore uninsured. Even then, you may still be entitled to recover from your own insurance company.

We look at many cases. Unfortunately, we are not able to help all of the people who ask for and need our help. We look at each case individually as it comes in. If we believe we can be of service to you, we will take the case. Sometimes, if we are unable to help you, we know of other lawyers who can help, and we will refer you to them. Sometimes, we will work in conjunction with other lawyers in pursuing your cause of action.

The value of each case is different and must be evaluated separately. We take a great deal of time to conduct a proper evaluation of your case. Our Firm has been evaluating cases and representing people for quite a while. However, you must know that there is never a guarantee of any recovery.

The lawyers in our Firm are licensed to practice in Missouri. If, however, you live in a state where we are not licensed, we associate with competent local counsel and work closely with them on your case. Since we associate with local counsel, we are able to appear and practice in states where we are not licensed.

We have many people at any given time working on your case. There are lawyers and legal assistants with whom you will work directly. There are also investigators and word processors that will work on your case. Some of these people you will never see or have contact with. However, we all work as a team in bringing your case to a successful conclusion.

We work in various courts and each court in the United States differs in the amount of time it takes to bring a case to trial. Once we know what court we are in, we will have a much better position to estimate the time to trial.

Typically, once a case is settled, documents must be exchanged between both parties of the lawsuit. This process usually takes 30 - 45 days, but can take longer if your case involves special circumstances.

Yes, no case is ever settled without your express consent. Whenever settlement negotiations are initiated by either party you will be informed and it is only with your full participation, advice, and consent that your case will be settled.

GENERAL INSRUCTIONS / FREQUENTLY ASKED QUESTIONSFOR INJURY VICTIMS WE REPRESENT

GENERAL INSRUCTIONS / FREQUENTLY ASKED QUESTIONS
FOR INJURY VICTIMS WE REPRESENT