Question: When I meet with my personal injury attorney for the first time, are there any particular documents that I should bring with me?
Answer: You should provide your attorney with as much information as possible. If your lawyer has more information, he will be able to better inform you of your legal rights. You must bring all documents related to your case. The accident report is a very important document to take to your attorney. Article by attorney David Slepkow (401) 437-1100.
Also, if you have eyewitness statements or medical records or reports from your doctors, you should take them to your lawyer. If you have pictures of the accident or your injury, bring them to the attorney meeting. If you do not have the documentation, your attorney can collect the documents for you.
Question: What type of information will the attorney request at the initial consultation regarding my Rhode Island personal injury or car accident case?
Answer: Your attorney will request general information related to your medical treatment. The attorney will attempt to compile a list of the names and addresses of all treating physicians and medical providers. This includes physical therapists, chiropractors, visiting nurses, and other medical providers. The lawyer may also ask you for a list of past medical providers.
Question: What usually happens in the first consultation:
Answer: The personal injury lawyer you have selected will tell you if you have a valid legal claim. If you decide to hire that attorney, then the attorney will ask you to sign a retainer agreement. The retainer agreement is an important legal document that a lawyer must obtain. At the initial consultation, it is extremely difficult for your lawyer to tell you the value of your case. The value of your case depends on many circumstances, including the amount of your medical bills and the nature and extent of any pain and suffering. The value may depend on whether or not your injury is permanent, whether or not there were periods of partial or total disability, whether or not there was disfigurement, scarring, or other physical injury, and the amount of your lost wages, etc.
Once you have completed treatment or have reached a certain point in your medical treatment, the attorney will file a settlement claim with all pertinent medical records and documentation to the insurance adjuster. If the insurance company believes the claim has merit and the adjuster and attorney can agree on a figure, then the case will be settled out of court. Despite the fact that the lawyer will try to settle the case, the lawyer will prepare the case for the court in case the case is not resolved.
Question: What is necessary to have a valid personal injury case?
Answer: If you were injured as a result of the negligence or intentional act of another person or entity, then you have a potential cause of action for personal injury. It is not always necessary to have a physical injury to file a personal injury claim. A personal injury lawsuit may be brought based on the diminishment of your reputation or an intentional infliction of emotional distress.
Question: What exactly is a settlement in a personal injury case?
Answer: If you settle a personal injury car accident or slip and fall case in Rhode Island, you agree to a sum of money in exchange for not filing a personal injury case against the person or entity or dismissing an injury case against a person or entity. If the case is resolved, you will need to sign a release releasing the parties from any potential future liability. In determining whether or not to accept a personal injury settlement, your attorney must assess the amount of damages you have suffered, the likelihood of prevailing at trial, and any other factors the attorney deems appropriate.
A settlement may be reached at any time before the lawsuit is filed or after the lawsuit is filed and at any time until the jury verdict. The case can even be settled after trial if the case is on appeal.
At Slepkow, Slepkow & Associates, Inc., our firm philosophy is that it is the client’s choice whether or not to accept a personal injury settlement. We will certainly help you make that determination by providing you with all the essential information and answering any relevant questions you may have. We will often give our recommendation as to whether or not a deal is fair. We always leave it up to our clients to make the final decision on whether or not to accept a personal injury or auto accident settlement.
Question: What if I am not satisfied with the attorney handling my case? In Rhode Island, do I have the right to get a new lawyer? If I get a new lawyer who will pay for the legal services provided by the old lawyer?
Answer: In Rhode Island (RI), if you are not satisfied with your attorney’s legal representation, you have the right to get a new attorney at any time. Your former attorney may have a legal lien against your personal injury case. If you win or the case settles, your former attorney will be entitled to be paid for the legal services they provided you. However, you will not be required to pay for the old attorney when getting a new attorney. When your case is settled or when you receive funds as a result of a verdict, the old attorney and the new attorney will equally split the contingent legal fees. In other words, it will not cost you additional funds if you hire a new attorney. The old lawyer and the new lawyer must come to an agreement on the fair share that the old lawyer will receive.
Question: Is it a good idea to wait a period of time before hiring a lawyer?
Answer: You should contact a Rhode Island personal injury lawyer immediately after the accident. It is not a good idea for a person to deal with the insurance adjuster regarding their personal injury or auto accident claim.
Question: Am I required to give a recorded statement to the insurance company upon request?
Answer: There is no legal requirement for you to provide a recorded statement to an insurance adjuster. However, if the insurance company is your own insurance company, you may be contractually required to provide a recorded statement. You should not give any statement unless you have a legal representative present and you should acquire a copy of the transcript.
Question: What types of cases are typically handled on a contingency fee basis?
Answer: Auto Accidents, Slip and Falls, Trip and Falls, Premises Liability, Bicycle Accidents, Motorcycle Accidents, Boating Accidents, Truck Accidents, Pedestrian Accidents, Wrongful Death, Uninsured/Underinsured, Claims motorists, intentional infliction of emotional distress, dog bite claims, etc.