L A W L I B R A R Y:
General Information About Serious Personal Injury and
Wrongful Death:
Written by Elliot Pishko Morgan, P.A.
Questions
& Answers About Serious Personal Injury and Wrongful
Death
GENERAL
INFORMATION
If you have
been injured as a result of the carelessness or negligence
of another person or company, you may have a personal injury
claim. You may be able to recover a sum of money to
compensate you for your lost wages, medical expenses,
prescription drugs, travel expenses, pain and suffering,
mental anguish and permanent disability or disfigurement.
The law office of Elliot Pishko Morgan is available to
assist you in determining whether you have a valid personal
injury claim and, if so, to represent you in pursuit of your
claim. We do not charge an attorney fee for the time we
spend on your case unless and until we recover compensation
for your claim. The types of incidents which may give rise
to a claim for personal injury include the following:
- automobile
accidents
- injuries
due to hazardous conditions on business or private
property
- negligence
by a doctor, lawyer or other professional
- outrageous
conduct that causes severe emotional distress
- sexual
harassment
- intentional
conduct, such as assault and battery
- death
caused by the careless act of another person
- injury
caused by a defective product
Oftentimes,
an insurance company will contact injured persons shortly
after an accident in an attempt to resolve the claim quickly
and minimize its pay out. Remember that insurance adjusters
are generally well-trained negotiation tactics. You should
consult with an attorney before dealing with an insurance
adjuster so that you will be fully aware of your rights. We
will gladly talk with you about your claim so that you can
decide whether you need to retain an attorney to represent
you.
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What
Should I Do In The Event Of An Accident? Should I Talk About
The Accident?
In many
cases, shortly after the accident, the injured person will
be contacted by a representative of the other party's
insurance company. You may be asked to provide a statement
or to fill out a report so that the insurance company can
"carefully consider your claim" or "so it can
be quickly resolved." Remember, the insurance company
represents the interest of the other party to the accident
and is primarily concerned with minimizing its pay out. Any
statement or information provided by you concerning the
facts of the accident or your injuries may be used in court.
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Should
I Keep A Diary?
Over time,
many people tend to forget the problems they suffer as a
result of an accident. You should begin keeping a diary as
soon as possible after the accident so that you will be able
to describe your ordeal in detail during trial or settlement
negotiations. Describe your pain and discomfort and explain
how your injuries have affected your job performance and
your day to day activities. Keep track of your doctor
appointments and other treatment necessary to help you
recover from your injuries, such as physical therapy.
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Should
I Submit My Medical Bills To My Insurance Company?
In North
Carolina, a person injured by another person's carelessness
may recover all medical bills reasonably related to his
injury, including those expenses paid by the injured party's
own health insurance. Therefore, you should submit your
bills to your own insurance carrier to be sure that your
health care providers are paid promptly. If you have
expenses that are not covered by your insurance, and you are
unable to pay these expenses, many health care providers
will agree to wait for payment until your claim is resolved.
Our firm can assist you in reaching such an agreement with
your providers.
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Should
I Get An Attorney?
An injured
person's rights are determined by the applicable statutes,
both federal and state, regulations, ordinances and legal
precedents. The law also governs the admissibility of
evidence at trial, the legal procedures necessary to assert
your claim, and the time period during which you must
institute a claim. In some situations, this time period may
be relatively brief. As such, the law can present a complex
web that may trap the unwary. At Elliot Pishko Morgan, your
initial consultation is free. You will speak with an
attorney about your case. At the conclusion of the
conference, the attorney will then provide you with some
options for your consideration. If you wish to hire our firm
to represent you, you will not be required to pay any money
for the time the attorneys work on your case unless and
until you have been compensated for your injury. If there is
no recovery, then there is no attorney fee.
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What
Can I Expect From My First Appointment With Your Firm?
At Elliot
Pishko Morgan, you will find our staff to be courteous and
professional. Visiting a law firm for the first time can be
an anxious experience, and we will do our best to make you
comfortable. We will block out plenty of time to meet with
you to discuss your situation. It is always helpful if you
bring whatever paperwork you may have concerning your claim
to the initial consultation. There will be no charge for
this initial consultation.
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Will
I Have To Pay Any Money To Get Started?
We handle
personal injury cases on a contingent fee basis. Generally,
our attorney fee will be one-third of the recovery we are
able to obtain on your behalf, although other arrangements
are possible. We do not require a "retainer fee"
in personal injury cases.
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Who
Pays For Out Of Pocket Expenses While My Case Is Pending?
Out of pocket
expenses are ultimately a client's responsibility. While a
case is pending, we will usually advance expenses incurred
during our representation. These costs will be paid out of
the recovery or at the conclusion of the case. These costs
may include charges for medical records, long distance
telephone calls, travel, court reporter fees and expert
witness fees.
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How
Do I Decide Whether To Settle Or Try My Case?
The decision
whether to settle or to try your case is yours. However,
before you make your decision, we will outline the pros and
cons of each option for you. Your decision will be based
upon the best information we can obtain relating to the
value of your case.
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