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In order for a Seattle accident attorney to advise you on your case the lawyer
will need to have certain information. In most cases the following information
will be available to you and helpful to the lawyer reviewing the case.
If you are disabled by your injury just call Stein Lotzkar and
Starr at (425) 643-9424 to get us started and we will take care of everything
a lawyer can do. If you are able, the following documents are
the most common things a lawyer will need to review.
- Investigation/Accident Reports which can be ordered from
the Washington State Patrol, the local Police Department or the company
involved in the accident.
- A copy of your insurance policy from the time of the
accident
- All medical charts, notes and billings
- All other health care records such as physical therapist,
massage, chiropractic or other providers' charts, notes and billings
- Photographs of the vehicle and the scene
- A letter or documentation from your employer about your
lost wages
- A list of witnesses who know anything about the accident
or how the injury affected you. Please list the full legal names, street
addresses and telephone numbers of all potential witnesses in your case,
along with a short written summary about what the individual may be
able to testify to
Please keep in mind that unless there is
a signed fee agreement between you and this firm, there is no attorney
– client relationship and we can not begin to work for you.
Nonetheless, here are some suggestions that you may find
helpful:
- PRESERVE EVIDENCE IN YOUR POSSESSION. Save physical objects
that have or may have a bearing on your case, such as braces, belts,
support or traction devices that were prescribed because of the accident.
Keep these items in your possession. Do not allow them to be used or
tampered with.
- PHOTOGRAPHS OF INJURIES, VEHICLES AND THE SCENE. If you
have any bruising, scars or other visible injuries you should document
them with photographs. Photographs of the vehicle(s) involved in the
accident scene are very important. The vehicles may be taken away and
disposed of very soon after the accident. The scene may be repaved or
repainted, so it is important to obtain photographs from every angle
and perspective. If you are disabled or unable to care for yourself,
you may want to have a friend of family member take video of you that
shows how you are affected by your injury. If you need crutches then
the video could show how you have to maneuver yourself to the side of
your bed or the couch to reach you're your crutches and then position
them on the floor using the hand grips to raise your self to a standing
position before you an place them under your arms to begin walking).
- KEEP A DAILY DIARY. Keep notes on a calendar or in a
diary of how this injury is and has affected your life. Describe any
pain, discomfort or inconvenience. Make specific notes like, "Only
slept 2 hours because of pain," or "Hurts to drive because
cannot turn head," etc. You will want to note every health care
provider that you see or talk to in your diary as well. It is also helpful
to write down the names of the people who are with you or who help you
as your receive care and recover form your injury.
- KNOW WHO TO TALK TO.
YOU NEED TO TELL YOUR DOCTORS AND NURSES EVERYTHING ABOUT HOW
YOUR INJURY IS AFFECTING YOU. Even the world's best doctor
can not give you good care if the doctor doesn't know what you are feeling.
You may have to repeat for your doctor all of your symptoms each time
you are asked. Never guess or exaggerate in any way. Never minimize
or ignore symptoms some seemingly unrelated symptom may be crucial to
your doctor's diagnosis or treatment recommendation.
Most people have nothing to hide and did nothing to
contribute to their injury. You do not have to worry about anything
in your past, if it does not affect your case, it will not be an issue.
Still, Insurance Companies, Private Investigators and others may contact
you and wish to interview you about your case, your personal history
and or your injuries. Not everyone is working for you.
You have a contractual obligation to talk to
and work with your own insurance company. Your insurance
company may perform an investigation and they may pay some of your
bills. If you have a Personal Injury Protection policy it is like
a no-fault insurance policy for automobile accidents. You will want
to cooperate with your insurance company.
In addition there may police or other investigators,
reporters or interested people who want to talk to you about your
accident and injuries? Some of these people may not be very professional.
My favorite example of this is a client who was contacted by phone
while she was still in Harborview Hospital. It was several days after
the accident and she had just had surgery. She was on pain medication
but was able to answer the phone in her room. The call was from the
other parties' insurance adjuster. The adjuster asked if was
alright to record that call and my client said, "sure".
After the recording started the adjuster started to ask some basic
questions. The transcript read like this,
How are you feeling today?
Fine.
Are you in any pain?
No, not really.
Are you injuries heeling well?
Oh yes, I was told I would be out of the hospital in
a day or two and back to work real soon.
Unfortunately, what my client did not realize is that
she would be left with permenate injuries as a result of her numerous
broken bones. She did not know that at the time and she thought she
was just having a polite conversation. In the end, the recording was
of little value, except that the insurance company set a value for
the case, called a "reserve" based on this conversation.
The subsequent adjusters felt pressure not to settle the case above
the reserve amount. We were able to overcome that with good medical
documentation; however it made the case more difficult to settle.
If you have an attorney, your attorney can
sort all of this out and arrange for you to give your statement when
it is convenient and comfortable for you.
- PROFESSIONAL INVESTIGATION. In most cases, WHEN
WE ARE RETAINED we will hire a professional investigator to
perform photographic documentation, contact witnesses, and obtain accident
records that might be helpful. Our office also uses a profession medical
records research firm to locate copy and scan the related medical records
and bills. I n some cases expert witnesses are employed to analyze evidence
or to recreate the evidence into graphic or computer representations
that help demonstrate how the accident or injury occurred. In some cases
a consulting physician may be needed to evaluate your injury. These
professionals must be paid for their services. We will consult
with you before expending any significant costs or fees.
- ANALYZING YOUR CASE. No complete analysis can be made
until the complete detailed investigation has been gathered, including
medical bills, medical reports and other evidence supporting your claim.
It is unwise to settle your claim if you are still under treatment and
the doctor(s) cannot give an opinion about the extent of your injuries.
One primary rule that we follow is that no case is settled until
the exact nature and extent of the client's medical condition has been
determined by the client's doctor(s). If we were to settle
your case when the doctor(s) cannot give a definite opinion, you would
not receive the full value for your case. For this reason, it may take
6-12 months or longer to settle your claim or to determine whether it
will be necessary to file a lawsuit on your behalf. One of the most
difficult requests we make of our clients is patience. The benefit of
being patient is knowing that you have done everything necessary to
make your claim successful.
- EVALUATION. IF YOU RETAIN OUR OFFICE, when all
of the information has been obtained, a team of lawyers will review
and evaluate your case. The response time is generally 90 days
to complete our analysis. Once we arrive at a settlement figure we feel
is fair and reasonable, we will initiate settlement negotiations with
the insurance company. The response time once a demand has been made
varies from company to company, and it is difficult to predict. Ordinarily,
they do not accept the original demand and further negotiation is required.
- SETTLEMENT. After a successful negotiation and a settlement,
the insurance company will issue a check and documents releasing their
client form any further claims. This check is deposited in the Attorney's
Trust Account. No funds can be dispersed until the check clears the
bank and the release documents are signed. The banking process of collecting
the funds on the insurance check can take several days (if the check
is written on a local bank) or up to two (2) weeks.
- STARTING A LAWSUIT. IF a acceptable settlement
cannot be reached a lawsuit may be filed. A lawsuit is started by filing
and serving a Summons and Complaint. These documents state in writing
the people involved in the accident. They give a description of the
time, place and reasons for the accident and a brief description of
your injuries.
A negligence lawsuit must be filed within three
(3) years of the date of the accident. If it is not file in that time,
the defendant cannot be forced to pay (unless there was some exception
to the three year rule). Other types of cases may have shorter or
longer statues of limitations. For example, intentional or reckless
acts must be pursued within two years.
Even after a lawsuit has been started a high percentage
of cases are settled prior to trial. From the time the lawsuit is
filed to the time of actual trial depends upon the county where the
lawsuit is started. In King County Trial dates are nearly 18 –
24 months from the date of filing. Once the lawsuit has been filed,
we will carefully explain all of the steps which will be taken in
the handling and preparation of your trial.
The best way to avoid an expensive trial is
to prepare for trial!!!
During the lawsuit each party will send the other party
written questions that must be answered under oath. Each party will
demand documents be produced witnesses be disclosed. Prior to trial
the parties will depose each other and the important witnesses. Depositions
are recorded interviews that are under oath and recorded. Each party
must pay the fee of nay professional or expert witness that they depose
or call to testify at trial. Medical doctors in particular are very
expensive to depose or call at trial. The great majority of these
costs cannot be recovered each party has to bear the expenses related
to bringing the case to trail. In Washington , except in a very few
types of cases the plaintiff will not get back Attorneys fees costs
and will not be allowed punitive damages (damages that are intended
to punish the defendant. For these and many other reasons, it
is important to get good advice about your case before filing any
lawsuit.
We have decades of experience guiding clients
through the legal system. We will help you at every step to make the
best decisions for your case.
- FEES AND COSTS. Our fee agreements give
you a choice. Depending on the type of case you have you may
be offered a choice of an agreement for a flat fee for attorney's fees
or a sliding fee. In most cases the flat fee is 33&1/3 percent of
all monies recovered will go to attorney's fees. In appropriate cases
we will offer a sliding scale that sets a different percentage for the
attorney's fees depending on whether you case settles early in the process
or not. For instance a case that settle before the filing of a lawsuit
may give the attorney only 25 percent of the settlement but one that
goes to trial will provide for 40 percent. Hourly fees are also available
for those who wish. Each case is different and we think a fee agreement
should be right for the person and the case.
Of course if there is no recovery obtained for
you, will not pay any attorney's fees.
In our fee agreement we make it clear that if you are
unable to pay for these services we will, on a case by case basis
advance the costs of professional investigation. As our client we
expect you will make a reasonable effort to repay these costs in a
monthly payment plan or out of the monies that we recover for you
in settlement or at trial. Remember thought that the American system
of justice does not provide that the defendant has to pay your costs
or fees. The defendant only has to pay your medical bills wage loss
property damage, any suffering or other actual damages.
- TAX CONSEQUENCES. Any recovery by you, whether by verdict
or settlement, is income tax free to you unless it is expressly for
wage loss. You should check with our accountant regarding the tax consequences
of your particular case before filing any income tax return.
Hopefully, you will find the information we have
provided helpful. Please contact us if you have any questions that have
not been addressed, or if you need further detail on a specific topic.
Please remember that we do not represent you until we have signed a fee
agreement.
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