Personal Injury Information
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Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554
Protecting your claim
The key to protecting your personal injury claim is to stay calm and obtain important information as soon as possible. For example, if you are involved in an automobile accident, make sure you obtain the information from the other driver contained on his vehicle information card. Make sure you have his name, address, telephone number, insurance company and license plate number. Obtain the names, addresses and telephone numbers of every known witness to the accident at the scene. If you have a camera with you, take pictures. If not, as soon as possible, make a sketch of the scene of the accident showing streets and vehicle locations. If there are more than minor injuries, call for medical assistance. Call the police and report the accident and its' location as soon as possible. If practical, leave the vehicles where they stopped until police arrive on the scene.
Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554
Lawyer consultation
You are advised to consult with a lawyer regarding personal injury claims which arise from accidents. Make sure you understand whether or not there is to be a consultation fee. Bring with you all information which you have obtained including any information given to you by the police officer, any photographs or notes which you have taken, and a sketch of the scene of the accident can be very helpful. From this information and discussing the case with you, an attorney should be able to do an initial evaluation to determine whether further follow up is needed or advisable. Be honest in the information which you provide to the attorney as it is important that he have both the positive information which may support your case and be aware of problems which may appear down the line.
Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554
Contingency fees
At the initial interview with the attorney, there should be a discussion and explanation of attorney's fees. Usually, the attorney fee agreement is reduced to writing and you will be given a copy for your records. Attorneys' fees can be on an hourly basis or they can be paid by means of a contingent fee. A contingent fee is a percentage fee, often one-third to one-half of the recovery depending on the nature and complexity of the case. In addition to the fee, there would be court costs and expenses that you will have to pay, although it is often possible to delay the payment of these costs until such time as a recovery is made. If there is no recovery, you would still owe the attorney for his or her expenses, even though no attorney fee might be earned.
Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554
Damages
Usually the victim of a negligent act is entitled to what are known as compensatory damages. In theory, these damages are intended to make the victim whole to the extent that monetary damages may do so. These damages include medical costs, lost wages, pain and suffering, and future losses. Occasionally, a victim may be entitled to what are known as punitive damages, or punishment damages. These are usually only available for deliberate acts or gross negligence. The amount of damage claims are best determined after thorough medical and factual evaluation by an attorney which may take some period of time. Attorneys use these estimates of damage in an attempt to determine reasonable settlement value.
Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554
Settlements
Every case brings with it the potential for a court trial before a judge or jury. These mechanisms are necessary to protect your rights. Because these remedies exist, there is always the potential for the settlement of your case, and in fact, most cases are settled before the actual time of trial. Each case, however, needs to be prepared for the eventuality of trial, and you cannot rely upon statistics to determine whether or not your case will be settled. The settlement process usually begins with what is known as a "demand" made by a victim's attorney to the defendant's insurance company. This may or may not spark an "offer" from the insurance company. There can be any number of counter demands and counter offers and eventually settlement may occur. Settlement can occur before a lawsuit is filed, anytime before trial, and even during trial itself before the jury has reached a verdict. Whether or not your case is settled is up to you, in most cases, however, an attorney should be prepared to give you advice as to whether the settlement offer is adequate. There are no magic ways to determine what a jury may do in a particular case, and the advice of an experienced personal injury attorney is invaluable.
Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554
Case Evaluation
The value of the same case may have entirely different values to two juries. There is no scientific way of determining what any given jury may do, although averages by type of case may be known. There are many many factors which affect jury outcomes, and a trial by jury always involves a substantial amount of risk to either party. That is why the majority of cases are settled. Some damages are relatively known, such as past medical costs and lost wages, but many types of damages such as pain and suffering and future losses may have to be estimated. It may be some time before patient healing has occurred and all medical records have been evaluated. At the appropriate time, an attorney will discuss with the client both the extent of the damages and liability issues, and he will usually recommend to you a settlement range and an amount to request in settlement. These matters are agreed upon between attorney and client, and the settlement process is begun accordingly.
Attorney: Mike Murray, Des Moines, Iowa, (515)255-5554