Personal Injury

You've had an accident and you're a little worried about what's going to happen. You probably have many questions but may be a little afraid to ask. Since we have many clients just like you, we thought we would give you the answers to some of the questions that we are most often asked.

What Should I Do If I Am Injured In An Accident?

You should seek immediate medical attention and follow the doctor's orders. If you are able, you should get the names, addresses, telephone numbers of any other person involved and other pertinent information the situation requires. If you are not able to do so, someone else should do it for you. As soon as you are able, you should consult a lawyer. Meanwhile, you should not make any statements to anyone about the accident. You should not settle your case by yourself. DON'T SIGN ANYTHING!

How do I Find Out If I Have A "Case"?

You may have a "case" if you have been seriously injured due to the negligence or fault of someone else. You may have a "case" if a family member has been killed due to the negligence or fault of someone else.

Types of negligence cases include:

Serious injuries from automobile, truck, motorcycle or bicycle accidents.

Injuries at work due to the negligence or fault of someone who was not your boss or your coworker. For example, an automobile accident where the other driver was at fault or an injury from defective machinery or tools which the manufacturer knew or should have known was defective.

Injuries at work where your boss or your coworker deliberately injured you or exposed you to a toxic substance.

Injuries from defective products, tools and machines which the manufacturer knew or should have known were defective.

Injuries from slips and falls/unsafe premises.

Injuries occurring when someone intentionally injures you.

The best way to find out if you have a "case" is to consult a lawyer. You can call us at (856) 786-7000 and set up a FREE initial consultation with one of the lawyers in our firm who can review your situation and evaluate whether or not you are entitled to recover.

What happens when I come to your office?

You will be meeting with an attorney or a paralegal and a specialist with many years of experience in the field. She will take the basic information from you that we need for our files. Because of our experience with cases like yours and because we have an incredibly sophisticated system, we are capable of maintaining and processing your case efficiently and accurately.

What information will you need from me?

The more information you give us, the better we can maintain your file. The following is a check list of information that we will need:

Accident Information Checklist

Names and addresses of all parties involved in the accident.

Names and addresses of all witnesses that might have seen the accident.

The police report number, if possible.

All information given at the scene of the accident.

A description of what happened.

Copies of all medical bills as you receive them.

Insurance information (The first page of your Auto Insurance policy of the accident involved an automobile)

Accurate records of lost wages or time off for doctor appointments

What is the most important thing I can do?

The most important thing you can do is GET WELL! Do exactly what your doctor tells you to do. That includes going to physical therapy as often as prescribed. Don't worry about the money, we'll make sure the doctor gets paid.

What should I do about the car?

We will discuss your options. First, it is important to obtain a written estimate of the damage from an auto body shop, and bring it to your attorney. He/she will forward it to the proper insurance company.

Should I keep a diary?

The more records we have, the more prepared we will be to settle your case. Keep a daily record of what is happening to you from the day of the accident onward. This should include your medical problems, lost time from work, and how you are feeling.

Who should I talk to about the case?

Absolutely no one without our permission. Insurance companies and lawyers for insurance companies may try to contact you. Do not give them any information. This could be harmful to your case at a later date.

When will my case be settled?

Generally, your case will not be settled until you are fully recovered. Of course, this varies with each person. Obviously, if you are injured badly, your case will take longer to settle. The more rapidly you get well, the sooner we can settle your case. Therefore, it is imperative that you do everything your doctor says.

How much is my case worth?

No one can give an estimate or predict what your case is worth. The amount that you receive will depend on a number of factors, including the severity of your injuries. Getting back your health is more important than the money. Make that your number one priority.

What Award or Settlement Will I Get?

Generally, you will make a claim for medical expenses, pain and suffering, and loss of wages, What you ultimately will recover depends upon the strength (or weakness) of your case. Every case is different.

Can I Make a Claim for Workers Compensation and Make a Claim Against the Manufacturer of a Tool or Machine that Injured Me at Work?

Yes, but if you win or settle with the manufacturer, you will have to repay your employer's workers compensation insurance carrier for any workers compensation you received out of any award or settlement from the manufacturer.

What is Workers Compensation?

An employee is entitled to receive payment for permanent disabilities from injuries he received on the job even if the injury was due to the employee's own negligence. The employee cannot sue his employer for negligence with very limited exceptions. The worker must file a claim with the Workers Compensation Court which sets the amount of the workers compensation.

Dependents (wife and children) of a worker who has been killed on the job also may have a claim for workers compensation.

What about the attorney fee?

One unique aspect of the field of injury law is the existence of the contingency fee arrangement which is a percentage of the net recovery, if any. This fee is often one-third. If there is no recovery, there is no attorney's fee. There may be other costs, however, such as for doctors, medical records, etc. This arrangement permits the victim to employ the services of a competent attorney, one capable of pursuing the appropriate legal theories and devoting the necessary financial resources. At a time when the victim cannot normally afford to incur hourly legal charges or to engage expensive investigators or experts, the contingency fee arrangement assures that the victim's rights can be protected and pursued. The victim's lawyer traditionally agrees to charge a fee for services only if the claim is successful and only in an agreed percentage of the economic recovery actually made. When the wrongdoer is usually well represented by professional adjusters, investigators, experts, and defense attorneys, the victim benefits tremendously from the ability to retain a skilled advocate on a contingency fee basis.

The attorney's fee in a Workers Compensation case is awarded by the Compensation Court to the attorney to be paid out of the worker's recovery and also by the employer's insurance carrier.

The law office of Albert M. Afonso offers a FREE initial consultation for accident, personal injury and product liability cases. Contingent fee arrangements are available.

Synopsis 

Who should bear the burden of an injury caused by the misconduct of another person or company? Should it be the victim? Should it be society through charity or governmental programs? Or, should it be the wrongdoer whose misconduct was responsible for the injury and its economic consequences?

The "tort" law seeks to provide a remedy for the harm carelessly, recklessly, or intentionally inflicted on victims. It permits the victim to pursue a civil action in our court system in an effort to receive compensation for the injury caused by the wrongdoer. In such an action the victim must allege and prove that a legally recognized wrong (or "tort") occurred, that the named defendant in the lawsuit was the wrongdoer (or "tortfeasor"), and that the victim has experienced, and will likely experience in the future, certain injuries or "damages".

Negligence

The most common "tort" is an act of negligence, which is a failure to act as a reasonable person would act under the circumstances. Negligence is the usual grounds for a lawsuit arising out of injuries received in an automobile collision. The victim commonly alleges that the defendant driver acted negligently and carelessly in failing to stop at a stop sign or in exceeding the speed limit or in making a left turn in the face of oncoming traffic. The same "tort" is also used as a basis for legal responsibility when a victim is injured by slipping on a foreign substance in a grocery store. In fact, it is the usual basis for a medical malpractice claim as well as almost all claims against professionals although the proof of the misconduct of a professional requires special evidence and witnesses.

Defenses To Negligence

When a victim seeks to prove negligence as a basis for legal compensation for injuries or damages the defendant invariably raises a number of legal defenses, the most common of which is the concept of contributory or comparative negligence. Basically, the defendant claims that the victim was also careless and negligent and that the victim's own negligence partially caused the accident to happen. In some states, if the victim's own negligence contributes to the happening of the accident there can be no compensation awarded. In other states, if both sides are partially at fault, a comparison of the misconduct of the victim and the wrongdoer occurs and a reduction in the amount of compensation results.

Damages

In order to determine the amount of compensation that is appropriate and just a whole body of law has developed under the general title of "damages". Basically, our court system allows the recovery of only those items of loss that have already been incurred or are reasonably certain to occur in the future. Speculative damages are not allowed. The most common elements of damages are medical expenses, lost income, pain and suffering, and the loss of the ability to lead and enjoy a normal life.

The complexity of the thousands of reported cases dealing with "damages" demonstrates the myriad circumstances experienced by each victim and the determined efforts of victims to seek full compensation for the true losses and injuries experienced. If a victim believes that a particular loss or injury was caused by the wrongdoer it is likely that the court system has considered such a claim in the past. The reported cases provide guidance for the victim and the victim's advocate in seeking the fullest economic recovery.

What if I have a question?
We want you to call us if you have a question. The only dumb questions is the "un-asked " question.

The foregoing is a simplified explanation provided for educational purposes only. Each person's situation is different and can be much more complex. Both bankrupt and creditors need legal representation to protect their legal rights.

Main Site Areas

[ Criminal ] [ Commercial ] [ Family ] [ Discrimination ] [ Immigration ] [ Real Estate ] [ Personal Injury ] [ Technology ] [ Wills ] [ News Media ]

Other Information

Types of Personal Injury Cases our Office handles.

Click here for a sample contingent fee agreement.