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FAQ

What is My Claim Worth?

It is common for the first question to have when you initially start a claim  to want to know how much your  case is worth. Unfortunately, as every experienced personal injury lawyer will tell you, it is impossible to say at the beginning of the case, with the exception of only a small number of catastrophic damage cases. Our office does not even try to answer this question until we have completed our investigation into the accident and the damages and expenses and reviewed the client's doctors' records and reports. Only then can we discern the injury our client has suffered and place a value on the claim. This process often takes several months because pursuant to the American Medical Association Guidelines, most injuries are not permanent until six months have passed after the time of injury. If a client insists on a quick settlement, this usually can be accomplished, but almost always the client will get less than the full value of the claim. Another danger of settling too soon is that a latent or unknown injury may appear weeks or months later. Once a claim is settled and the responsible party is released, the case cannot be reopened.

At the Law Office of Amy D. Prevatt, P.A. we make every effort to achieve a full and fair settlement before we resort to filing a lawsuit in court. If, however, settlement negotiations do not result in a fair and full settlement, we will file a lawsuit to force the case into a settlement or to push the case through the court system and try the case to a jury. Our goal is to achieve the best possible result for our client.

What Should I Do?

1. Always tell the truth! Usually the only way a client can really hurt his or her case is by failing to be accurate or truthful, especially under oath.
2. Be sure to advise our office of any potential problems in your case.
3. Do not speak to anyone except our office about your case. Always require identification so you are sure to whom you are speaking. Do not speak with any unknown person, unknown doctor or unknown insurance agent without first notifying our office.
4. Your doctor: Attend each of your doctor appointments, as necessary, so you can properly establish a claim for personal injuries. You also must inform your doctor of all your complaints on each appointment. Never overstate or understate your ailments to your doctor. Accuracy is very important. Without your input the doctor cannot make a proper diagnosis. Be especially aware of lingering problems, such as numbness in your fingers or toes, pins and needles in any part of your body, jaw clicking and grinding, and any pain that travels from your neck and shoulders down your arm(s) or from your lower back down your butt and hips into your legs.
5. Records: Please keep accurate and detailed records of the following:
   • Lost time and wages
   • Hospital, doctor, drug and other medical bills.
   • Other losses directly resulting from your injury
   • Your medical complaints and progress
   All bills should be paid by check. The bills are essential to the successful conclusion of your case. Send all bills and records to our office. Keep a daily diary of your medical condition, financial situation, and the pain and suffering as a result of your injury. Use any convenient means to keep this diary. The tracking of your complaints and financial hardships is the important matter. It does not matter how it looks. Many clients use a daily calendar, a "Daytimer" or an actual diary, while other clients prefer a simple spiral notebook and write the date on the left and their notes on the right. Other clients prepare a detailed log on their computers. It is your choice, but don't wait to start keeping this diary.
6. Witnesses: Immediately furnish us with the correct names, addresses and telephone numbers of all witnesses. This includes fellow workers, family members, doctors, employers and friends. If a witness will be leaving the area permanently, please let us know immediately.
7. Evidence: Please give us any photographs pertaining to your case. If you are required to be in the hospital or are receiving any type of treatment (e.g., traction, physical therapy, surgery), please notify our office so we can have you photographed. If your injury requires a cast, traction or other appliances, save them for evidence in the trial. Save any physical evidence and discuss it with us.
8. Hospital and doctor bills: Please have your hospitalization insurance (e.g., workers' compensation, Blue Cross and Blue Shield) pay as much of your bills as possible. Doctors and hospitals are more cooperative when their bills are paid. You should not expect them to wait until your case is tried or settled to receive payment. You should, therefore, pay any balance as soon as possible. If there are bills, however, that you cannot pay, please bring this to our attention so we can try to assist you in making appropriate arrangements to avoid harassment by bill collectors.
   
   Please note: Attorneys are ethically prohibited from making personal loans to clients. As much as we may wish to help you financially while your case is pending, we cannot. Please do not ask us for a loan or for any monetary funds beyond those necessary to complete the investigation and litigation of your case. Our office, however, has cooperated with client instructions to provide business documentation to advance funding companies in extreme cases. The advance funding companies are selective in determining which cases are given an advance. Our office does not control or have a business interest in any funding group. In fact, we advise all clients not to use advance funding during the pendency of their cases.
9. Questions: We will be contacting you for depositions, answers to interrogatories and trial preparation. If you have any specific questions regarding your case, please feel free to call, write or schedule an office appointment. Please be patient and remember that many changes will be made to your file without your presence. For your own convenience, please do not come into the office expecting to see one of the attorneys or legal assistants without first making an appointment. On most occasions, meetings, appointments and court appearances will prohibit the attorneys and paralegal staff in our office from seeing you without an appointment. When possible, put your questions or comments in a letter or e-mail. Written communications provide the most accurate record for your file.
10. Your address: You must keep us advised of any changes in your address, telephone number, medical status, employment and/or any other important changes. Should you be leaving your home (taking a vacation, for example), please notify our office and give an address and phone number where you can be contacted.
11. Your responsibilities: Carefully read all portions of this manual, and reread them as your case progresses, to be sure you understand your responsibilities.
12. Communicate with your attorney: We recognize how important your lawsuit is to you, and we appreciate the responsibility with which you have entrusted us by selecting this law firm to protect your interests. We can do our job properly only if we maintain your complete confidence and cooperation. Communication problems, if they are not quickly solved, will interfere with your cooperation and eventually destroy your confidence in us. You have a right to be kept informed on the progress of your case and to participate in the important decisions regarding your case. You, however, should trust your attorney's ability to protect your best interests and be willing to follow our advice when it comes to decisions about tactics and strategy.

Remember, any good trial attorney is likely to be a busy trial attorney, and the better the lawyer is, the busier he or she is likely to be. You can help ensure that your case gets the proper, prompt and careful attention it deserves, by understanding that your attorney's commitments to other clients and other trials will frequently prevent him or her from personally responding to your needs or questions immediately. Whenever possible, requests, questions and information about your case should be sent to your attorney in writing. This will not only permit a response at the earliest time compatible with your attorney's schedule, but it will also guarantee that your communication reaches your attorney accurately and in a form that can be preserved in your file. Of course, there will be times when a letter is inappropriate or just not fast enough. Whenever an urgent situation arises, do not hesitate to call or to arrange a personal appointment. Describe why your communication is urgent, and someone from the law firm will respond as soon as possible.

To permit you to be completely honest in your communications with your attorney, the law gives you protection against any disclosure of those communications without your permission. Whatever you tell your attorney relating to your legal representation is a secret he or she is legally and ethically bound to protect. Therefore, you must be honest regarding all aspects of your case, including past treatment and prior accidents and injuries. The insurance industry keeps an index of every plaintiff paid in an injury case, no matter how slight.