Personal Injury Attorney
in Houston, Baytown and Galveston, Texas
Personal Injury Claims
This article is written to inform you about the process and procedures that our firm will use in pursing your personal injury claim. Much of the focus involves
auto accident claims but most procedures apply equally well to any type of personal injury claim.
We Will Investigate Your Case
Our office will initially investigate your case and in some cases we will hire a special investigator to interview you and obtain statements from any witnesses that may exist. The investigation will be conducted also to obtain photographs and to assemble all the information that is available as to how the accident occurred and who is responsible. Photos of the accident scene will probably also be taken.
As the investigation is being conducted, our office will prepare a letter to each of your physicians and request medical records. We may also wish to contact the physician to personally interview him before requesting a written report.
Your insurance company or, if you do not have any insurance, the defendants insurance company, will wish to have a list of out‑of‑pocket expenses from you with copies of supporting documentation. These are called special damages, which include doctor bills, hospital bills, medical bills, any loss of earnings or income which occurred as a result of the accident and any property damage. For items of property damage, if you have repair estimates and photographs of your automobile, please provide those to us as well.
You should not discuss the details of your accident or your injuries with people who are not entitled to that information. Any inquiries from the person responsible for your injuries or their representatives, including their insurance company, should be referred to our office. If an insurance company representative contacts you, inform him that you are represented by our law firm and refer him to us for any information he seeks. DO NOT MAKE STATEMENTS TO HIM. If you have already made statements to any insurance company representative or anyone else notify us immediately of these statements and we shall obtain a copy of them.
We value your confidence in us and we will do all we can to earn your continued trust. The following information may help you understand our office procedures, and the process we follow in representing you in this legal matter.
Our Goal Is To Get You The Best Medical Care
Your injuries are serious, and we are very concerned that you receive the best medical care and treatment available to restore you to the best possible health under the circumstances.
You are entitled to the best medical care available to cure or to minimize the effects of your injury. It is essential that you obtain copies of bills and receipts for all medical expenditures you have made. We need your assistance to keep us informed of the effects of the accident on your life and in furnishing information as to where we can get credible and admissible testimony to prove the effects of your injuries on your life. One of the jobs of the legal assistant handling your case is to accumulate all of these medical records and expenses. It is essential that you communicate with her during the course of your medical treatment and with any questions you may have regarding your treatment.
You should continue to go to a doctor as long as your injuries continue to bother you. Cooperate with your doctor in every way, and relate to him truthfully and fully all symptoms that you have that were a result of this accident. Answer completely all questions that he asks you. Medical treatment often takes time to produce results.
IT IS MOST IMPORTANT YOU KEEP YOUR APPOINTMENTS WITH THE DOCTOR. You cannot expect a doctor to give effective testimony about your conditions at time of trial if several months have elapsed since he last examined you. Also, insurance companies will often treat this failure to obtain medical treatment as evidence that there was no injury or that you are exaggerating. Naturally, we do not want you to fake or exaggerate anything, but as long as there is something legitimately wrong with you, in order to help the doctors make their diagnosis and avoid a distortion of your medical picture by the insurance company, you should continue to obtain the medical care you need.
We Will Find All Insurance Coverage That May Cover Your Injury
Most personal injury claims involve making a claim against a wrongdoer’s insurance policy. In some cases it may be necessary to make claims against your own insurance as well. In case of auto accidents, there are situations where the driver of the other vehicle had no automobile insurance or had automobile insurance in the least amount that can be carried by law. It is therefore necessary for us to know whether you have a policy of automobile liability insurance and whether you have purchased uninsured or underinsured motorist coverage on that policy and medical coverage, sometimes referred to as "Personal Injury Protection" or "PIP" for short. In most states an injured person is permitted to make a claim for his pain and suffering under his own insurance policy if he has uninsured motorist coverage. Sometimes this coverage may be the only source of recovery for yourself or your family for the negligence of another driver. Also we need to be informed of any medical insurance policies you may have so we may assist you in filing your claims.
If you have had prior injuries, particularly to the same area of the body, you must let us know. This information often appears in medical records, and it is not in your best interest to attempt to hide that fact. As long as we are made aware of any prior or subsequent injuries, we can deal with them.
One of the most significant factors affecting the value of your lawsuit is whether or not we can establish by doctor testimony that you have suffered a permanent injury because of the accident. Doctors know from experience that the full extent of a persons injuries is usually not known until several months after the accident. It is important for you to advise us of your medical progress, including when your doctor refers you for physical therapy or to another doctor. We will then be able to get complete copies of all your records, which is of utmost importance in documenting your case.
Do not talk about your case or your lawyers when you see your doctor. You do not want to give the impression that you care more about collecting money than you do about getting well.
When Can My Case Be Settled?
We can begin settlement negotiations only after you have healed from your injuries as best you can. We refer to that situation as being "medically stationary," that is, when no further medical treatment can improve your physical condition. Your health care provider, must of course, make this determination for you.
Until you have recovered, or at least until your condition will not worsen any further and your doctor can identify your physical injuries, we are very reluctant to settle or conclude a case for one very simple reason: we will not know how much your medical bills and costs are until you are medically stationary.
We also will not know what your permanent or residual problems are. Without knowing the extent of your damages, we cannot place a dollar value on your case.
You understand, of course, that we cannot guarantee any expected outcome or conclusion of your legal matter due to the many complicated factors which are beyond our control. Accordingly, we cannot guarantee a favorable outcome in any personal injury claim or lawsuit.
We will, however, within the bounds of legal ethics, provide reasonable and competent services to represent and protect your legal interests.
In the event your matter requires negotiation or involves litigation, if the fee agreement so provides, we will negotiate with the opposing party on your behalf in order to settle or resolve your dispute. We will not conclude or settle your matter without your approval.
In order for us to represent you competently, please do not communicate with any of the parties, witnesses or attorneys in the case without our involvement.
How Long Will It Take?
Each case is different and we make no promises or guarantees as to how long the procedure may take. We believe in thorough and thoughtful planning in each phase of developing your case, and that takes time. The date you become medically stationary is a very important factor. Also, if the opposing party does not agree with our settlement offers, we may then proceed to arbitration or trial; litigation may take several years.
What Do I Do When I Have A Questions?
We are interested in your questions, and want you to ask them. Unfortunately, a lawyer's time and duties often take him out of the office - even for days at a time. Like all professional people we sometimes "jam-up" and cannot manage to answer all our calls. In that case, please leave a message with Melanie, Theresa or Angela.
You will be pleased at how informed and helpful they can be. If they cannot answer your question, they will get the answer for you, or arrange to have your attorney contact you. Above all, please leave a message so that we know of your concern in advance. If you do that, we will always try to get an answer back to you even if your attorney is out of the office when you call.
Appointment Time
Many of your legal matters can be handled by telephone or by mail in order to avoid numerous personal trips to and from the office. We feel it is more productive to handle routine matters by phone as opposed to personal visits since it saves each of us time.
In the event you need to meet personally with the personal injury attorney or staff member, feel free to do so. Simply make an appointment with the secretary, who will schedule you for appropriate time on the attorney's calendar.
Most court proceedings are held in the morning. Accordingly, the most convenient time for the attorney to meet with the client is in the afternoon. Attorneys typically are unable to return phone calls except once or twice during the day. Our standard time for returning phone calls are 11 am in the morning and 3 pm in the afternoon. Please do not feel offended if your phone calls are not returned immediately.
In order to do the work requested, attorneys need substantial amounts of time where they are free from any type of interruption or distraction.
Accordingly, when you call and the secretary says the attorney is in conference with a client or working on a matter, please leave your name, phone number and a short statement to the secretary as to the purpose of your call. During the above-described time periods, the attorneys will do their best to contact you.
What Will The Legal Services Cost?
Most clients enter into a Contingent Fee Agreement, we will only be paid if we are able to obtain monies for you by either a settlement or upon collecting a judgment or award on your behalf. Any expenses that we have incurred in representing you will, of course be deducted from the settlement proceeds along with the contingent attorney's fees.
In addition to a contingency fee, we also do work on an hourly basis wherein you pay a set, hourly rate for legal services rendered. If we are handling matters for you on an hourly rate, then you will receive an itemized billing showing the work done and the hours spent on your case. This explanation may come monthly or at the end of your case, whichever way you are billed.
In matters handled on an hour basis as opposed to an contingency fee basis, a retainer will often be required in order to begin to process your matter. The reason is that in many cases a great deal of work will be required immediately. Bills will be sent to you periodically showing a recap of your charges and payments. Certain areas such as bankruptcy, domestic relations, traffic matters, etc. may have minimum fees - this means that no hourly accounting will be made unless excess time is expended.
What About Litigation Costs Or Out-of-pocket Expenses?
In addition to the contingent legal fees, there are various charges which must be paid to prepare your legal matter. Police departments, for example, regularly charge for a copy of an accident report; physicians require payment for preparation of their medical reports, copies of their medical records and expert witness fees for reviewing/analyzing cases or testifying at court. You can add to this list the filing fees for Court, deposition/transcript costs, payments to witnesses for their attending hearings, investigative expenses, long-distance telephone calls, photographs.
Unfortunately, we have little, if any control over these costs. These out-of-pocket expenses are not legal fees but represent expenditures made on your behalf to further your legal cause.
What Do I DO If I Have A Legal Question On A Different Matter Than The Pending Case?
A phone call to our office staff will direct you to the person who can best answer your question. Remember, no questions as to your rights, duties or obligations should go unanswered because you did not know who to speak to. For example, our office handles many types of lawsuits, business transactions, bankruptcy, social security disability, real estate, corporations, domestic relations, wills and estate planning, probate, commercial collections, and other areas of the law.
Keep Your Personal Injury Attorney Informed
For us to represent you properly, you must keep us advised of your whereabouts during both day and evening hours by providing us with your current business and home telephone numbers. Please notify us of any changes in your telephone numbers or home/business addresses. In the event your matter involves litigation, you may be required to attend Court appearances and comply with discovery requests and deposition notices.
The following is a list of important things that you can do to help us in our representation. This list is designed to help you furnish us with information that is of great importance in preparing your case for both trial and settlement purposes. You should keep us informed of any changes that may occur. Items of information we need from you are as follows:
1. A diary of your activities with emphasis on restriction of the activities caused by your injuries, specific pains and the frequency of them, the frequency of medications taken, and the kind of medication. This diary may be useful to refresh your memory as to the occurrences that might be forgotten. This should be kept personal and may be as simple as jotting remarks on a calendar when appropriate.
2. Keep any physical objects such as shoes or clothing that you had on at the time of the accident. We may need to use them as evidence at trial.
3. Provide our office with itemized receipts of a) hospital bills, b) doctor bills, c) ambulance bills, d) nursing bills, e) drug bills, and f) all other expenses you incurred as a result of the accident including (1) travel to and from the doctor's office and any time you have missed from work as a result of these office appointments, and (2) additional help around the home or business that you have required (including babysitters or domestic or yard help).
4. The names of neighbors, friends, employees or relatives who knew of your activities both before and after the accident.
As you think of any other information that you think should be added to this list, please let us know. The more information we have, the better job we can do for you. Please do not hesitate to call my legal assistants Melanie, Theresa or Angela with any questions you may have. We will do our best to represent you fairly and aggressively and will keep you informed of the progress of your case.
Conclusion
We hope we have answered some basic questions about our office and your case. We appreciate your suggestions, questions, and thoughts, because our goal is to meet and solve your legal needs as efficiently as possible. We value your satisfaction and confidence.
If you have any questions, please feel free to contact us. Thank you for visiting our website.
When you've been injured, you need skilled, smart legal advice. At Marc Whitehead & Associates, we don't believe in smoke and mirrors. When you choose our personal injury attorneys to represent your case, you are guaranteed direct, sincere legal guidance. Don't take chances with this important decision. Call us today for honest legal answers.
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Providing Comprehensive Legal Representation to Clients in
Houston and Throughout the Texas Gulf Coast
Marc Whitehead & Associates – Attorneys at Law, L.L.P.
5300 Memorial, Suite 725 | Houston, Texas 77007
Houston: (713) 228-8888
Fax: (713) 225-0940
Toll Free: (800) 562-9830
