Do You Need A Personal Injury Attorney?

The legal and insurance systems involved in personal injury claims are complex and confusing, even for professionals who work with the system every day. It is not only important how your personal injury claim is handled, but it is also equally important when your personal injury claim is made. A two year statute of limitations may apply to your situation that could bar your personal injury claim forever. As you will see, working with the caring and diligent staff of Keller and Keller to evaluate your claim and guide you through the damage recovery process can provide peace of mind and valuable information with which to make informed and educated decisions throughout your personal injury claim.

It is important to note that, on the opposite side of your potential personal injury claim, the individual who is responsible to compensate you for your injuries will most assuredly have legal representation. Whether an individual or their insurance company, the person at fault will have access to expert defense lawyers to represent their interests. The law offices of Keller and Keller have the expertise to effectively counter the insurance company and their attorneys, as well as help you receive compensation for your personal injury claim.

Should You See A Doctor?   Top

A majority of personal injury clients have already received medical evaluations and treatment before they seek legal representation. However, if for whatever reason you have not sought medical treatment for your injuries, the law offices of Keller and Keller encourage you to seek appropriate care for your injuries.

If you believe that you have medical problems or symptoms related to a personal injury accident or incident, go to a doctor immediately. Your diagnosis, course of treatment, and your medical condition's relationship to the personal injury accident or incident is a medical decision. It is very important to form a good relationship with your doctor at an early date to advance your recovery and to ensure that your medical advisors understand how your medical problems relate to the personal injury accident / incident.

Please note that you should see a doctor for the purpose of getting medical treatment, not for the purpose of advancing a personal injury claim. Specific discussions of your injuries and your medical treatment should be within the confidential relationship of attorney and client. If you have any questions about your treatment, the law offices of Keller and Keller is available to you and your family for free advice.

What Evidence Of Personal Injury Is Necessary?  Top

Victims should capture photographic evidence of all cuts, bruises, and broken bones as soon as possible after your personal injury accident. Also, photograph the damage done to your automobile or other property from all angles. It is also helpful if you can provide the names, addresses, and phone numbers of witnesses to your personal injury accident. The law offices of Keller and Keller have photographers and investigators who can perform this task as part of the evaluation and investigation of your personal injury claim.

You will need to keep accurate records of your out-of-pocket losses resulting from the personal injury, including medical bills and lost wages. Later on, the insurance company will demand documentation of all medical treatment, billings, and lost income.

What Should I Do About The Insurance Companies Involved In My Personal Injury Claim? Top

As soon as your own car insurance company and the insurance company of the person who caused the car accident are notified, each of them will want information for different reasons. Before submitting to any recorded statement by an insurance adjuster or investigator, even if the other person's liability seems obvious, it is wise to contact the law offices of Keller and Keller for direction and advice on how to proceed. The insurance company is a business that thrives on a victim’s confusion, thus it is important that you ensure your rights are protected.

How Much Is My Personal Injury Claim Worth? Top

This is a very complex question that requires information relative to the extent of your injuries, the facts of personal injury, the identity of the potential defendant, and the available insurance limits. Every personal injury case is unique, so evaluating the value of the personal injury claim will take some time and work.

What is important is that personal injury case evaluation be done thoroughly, professionally, and at a point in time when your doctor can predict the nature and extent of your injury and percentage of recovery.

The law offices of Keller and Keller works diligently to ensure all of the facts are thoroughly examined. On larger, more complex personal injury cases, we endeavor to obtain evaluations from expert medical doctors, vocational rehabilitation specialists, and financial experts the exact extent and total of your damages. Only after completing this process can a value be assessed for your personal injury claim.

Is My Personal Injury Case Confidential? Top

To ensure that personal injury clients and their attorneys can speak freely about any legal matter, the law protects the confidentiality of attorney-client communications. The law offices of Keller and Keller are placed under a strict legal obligation not to divulge any details of your case without your written consent.

Beyond this legal obligation, our staff will also work effectively at creating a working relationship with clients that foster open communications. The law offices of Keller and Keller will be available to you at any time throughout your personal injury claim. Our clients and their rights are our life’s work, and we work hard to ensure they feel they are primary concern.

How Do I Hire Keller and Keller? Top

Clients hire Keller and Keller through a contingent retainer fee agreement, which means you do not pay for our services until we are able to make a recovery on your behalf.

The law offices of Keller and Keller is able to meet personally (or through written communication via our website) with potential clients to discuss the facts of their personal injury claims and make a preliminary evaluation. This meeting usually follows a short phone call to initially discuss the case with a paralegal, who will ask general questions about your potential personal injury claim.

Keller and Keller will never charge for a consultation, even if it is decided that we cannot pursue your case.

Should the law offices of Keller and Keller pursue your case, you will be asked to read and sign several medical releases, which will allow our firm to gather all relevant medical records, and a written contingent fee agreement. This will allow us to begin investigating and evaluating your personal injury claim.

If you feel that you may have a personal injury claim, however small, you should have the matter initially reviewed by the law offices of Keller and Keller as soon as possible. By obtaining professional evaluation, you can be assured that whether or not you decide to pursue the personal injury case, your decision will be well informed.

How Long Will My Personal Injury Case Take? Top

Personal injury cases may settle after a few months without need for a trial or arbitration. Depending on the extent of your injuries and the course of medical treatment, the personal injury claim can take months or years to complete. Each personal injury case is different and unique; however, no settlement should be completed without careful consideration of future risk. It is our belief that your case should not settle until all risks of future aftereffects and lingering injury have stabilized. Being cautious will ensure that you receive a just value for your personal injury claim.

Is It Ethical, Legal, Or Moral To Sue? Top

This is not an unusual question or an unusual topic of discussion. It always comes down to an individual decision; however, we recommend that this be an informed decision. A decision should be based on an evaluation of all the facts, parties, and available insurance coverage in your unique circumstances. Our law office is willing to discuss this topic in private and within the confidential relationship of attorney and client.

In summary, we all pay insurance premiums to leverage our risk of loss. Our society utilizes insurance coverage to allow injured people to receive full and fair compensation for a legitimate personal injury. Insurance coverage is how our modern and civilized society attempts to make a wrongdoer accountable - without financially devastating him or her.

Glossary of Terms Top

It is worthwhile for the client to understand a few legal terms and concepts which apply to all personal injury and medical malpractice claims.

• Claimant / Plaintiff: You, the person making the claim and seeking money for damages, including medical expenses, loss of earnings, and related financial losses. (This may be an individual client on his / her own behalf, a parent or conservator of a minor, or a personal representative of a deceased individual's estate.)
• Damages: there are three broad types:

  "General damages": Your pain, discomfort, and suffering from the injury; the loss of enjoyment of life; both from the mental / emotional and physical aspects of your injury and your general disability or impairments.

  "Special damages": Out-of-pocket losses; past, present, and future lost earnings; past, present, and future medical bills.

  "Punitive damages": Often confused by the layperson with general damages. Punitive damages are very different from the other types of damages and are very rare. It is the extra money (over and above special and general damages) juries can add to punish especially bad conduct or willful conduct involved in the circumstances of an injury.

• Defendant: The person or entity you are making the claim against and whom you believe is responsible to compensate you for your damages arising from their fault or actions. Almost all defendants have insurance coverage, and it is from this insurance coverage that a client gains his / her monetary compensation for injuries and the associated damages.

• Defenses: An insurance company representative often raises some defenses to a claim. The defenses may be legal or factually based and may potentially reduce the value of your case.
• Loss of Services: In many states a person other than the actual injured person can bring in a derivative suit - for example, the uninjured spouse can seek damages for loss of the injured spouse's services. This is also referred to as a consortium claim.
• Negligence: The lack of due care or failure to act reasonably on the part of a person or corporation. For example, if a driver runs a stop sign - then the driver has been negligent in his failure to drive in a reasonable and acceptable manner.
• Statute of Limitations: The period of time within which you must sue, or otherwise you will be barred (forbidden by law) from filing a claim or lawsuit.

  This is a very complex area of the law. There are many different cut-off times and limits. The limits are all very factual specific, and it depends on who is at fault, and the legal status of the person or entity at fault. The limit may be as short as one year from the date of the injury. Seek help and advice on the applicable statute in your case.

  No two states have the same rules, and often it depends upon the legal theory of your suit. Sometimes, the issue is so complex that a court must resolve it.

• Tort: A civil (not criminal) wrong (e.g., injury from the following: auto accidents caused by the other party; a defective product manufactured by a party; a negligent act of a doctor or nurse; or a negligent act of a co-worker employed by a different employer on a job site).
  

If you or a loved one has suffered as the result of a personal injury, the law offices of Keller and Keller are available to you for a free, confidential consultation with an attorney from our firm who is experienced in handling personal injury claims. You can either contact us by phone at 1-800-2KELLER or through the use of our Free Case Evaluation submission form to your right.

Should you decide to retain our services after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company.