THE DO’s AND DON’Ts FOR INJURED VICTIMS
DO’s
Do contact our firm immediately following your accident. The advice you receive in an initial interview may be extremely helpful in the days following the accident.
Do notify our firm if you have changed your address and/or telephone number, or employment – including changes in salary, duties, or job title.
Do take pictures of any damage to your vehicle before you get it repaired. Use color film and take a whole roll of pictures.
Do save all medication bottles, casts, braces, and any other items from your doctor
Do give your attorney any pictures and videos of the accident or accident scene that you or anyone else has taken for you.
Do obtain and save all receipts itemizing any and all expenses you incurred as a result of your accident.
Be sure that receipts are dated and contain legible and complete vendor identification.
Do inform your attorney of anything you think has a bearing on the case, including extensive medical treatment or hospitalization.
DON’Ts
Do not give any statements – written, recorded, or oral – to anyone concerning your accident or injuries without first consulting our firm.
Do not admit fault or offer any opinions about the cause of the accident.
Do not speak to anyone other than your attorney about your accident or case.
Do not wait to visit a doctor if you are injured. At your visit, do not hold back any information about the location and severity of your pain.
Do not make any false or incorrect statements about prior injuries to any doctor who may treat or examine you. If you don’t remember past information, say so.
Do not ignore your doctor’s advice.
INFORMATION THAT IS CRUCIAL TO YOUR CASE:
Keep Detailed Records
Keep Detailed Records
Record the following information on an ongoing basis to maintain an accurate account of the suffering that you have endured.
Lost work time and wages.
Expenses resulting from your injuries (i.e., transportation, home care, etc.)
Pain and suffering.
Your physical limitations.
Taking the time to collect and record accurate information may have a positive effect on the outcome of your case. Copies of checks and receipts of payment, as well as the above records, will be very helpful when you may be asked an insurance company or attorney to recall your pain, physical disabilities, and any out-of-pocket expenses including medication.
Follow Your Doctor’s Advice
Be sure to do what your doctors tell you and show up for all appointments. By missing a doctor’s appointment, you are saying to the doctor and to the insurance company that your pain doesn’t matter or affect you too much.
It is very important for you to work hard to get well and to go to all of your appointments. These appointments can serve as evidence of your pain and rehabilitation. If you are in pain and you do not see a doctor, the insurance company and the jury will not believe that you are having pain.
Who Is At Fault for a Dallas Accident?
Truckers, trucking companies, manufacturers, companies that load trucks, and companies that plan routes are only a few of the many individuals or entities which may cause a wreck. In order to hold the responsible party accountable and collect fully for your losses, it’s important to identify all of the parties who were at fault for causing your accident.
FREQUENTLY ASKED QUESTIONS
Who Is At Fault for a Dallas Accident?
Truckers, trucking companies, manufacturers, companies that load trucks, and companies that plan routes are only a few of the many individuals or entities which may cause a wreck. In order to hold the responsible party accountable and collect fully for your losses, it’s important to identify all of the parties who were at fault for causing your accident.
THE LEGAL PROCESS
First Steps In Representing You
Your initial interview with our firm will help us gather general information about your case. We will guide you on what you should and should not do, and give you necessary materials to help you. Then, you will be asked to sign certain authorization forms to allow us to obtain your medical records and other pertinent information.
Our firm will contact the person who was responsible for your injury and/or the insurance company, and notify the parties that you have retained us as your attorneys. We will also contact all of the doctors and hospitals involved in your care to obtain your medial chart and billing information.
Filing A Lawsuit
Before filing a lawsuit, our firm will obtain your permission and explain to you why we believe a lawsuit should be filed. The decision to file a lawsuit should be made by your attorney with your input. Filing a lawsuit may be necessary to obtain adequate monetary compensation for your injury.
Settlement is always possible and is a common alternative to filing a lawsuit. In fact, only a small percentage of cases make it to trial.
Going To Trial
The following are the steps necessary to bring the case to trial.
- Pleadings
Pleadings are the documents parties file in court that form the basis of a lawsuit. This is intended to be general information only. Each case is unique.
Complaint or Petition – A lawsuit is filed against an opposing party by filing a document in court known as a complaint or petition. The person who brings the action is the plaintiff – you. The person against whom the action is brought is the defendant. The petition is a statement of facts alleging the names of the parties and alleging why the conduct of the defendant entitles the plaintiff to recover damages.
Summons – Once the plaintiff’s petition is filed, a “summons” is issued to be served on the defendant by an officer of the Court, usually a Deputy Sheriff or process server, informing the defendant that suit has been filed and that a response must be made within a given period of time or a judgment will be taken against him.
Answer or Motion – The response filed by the defendant is called an Answer, which is prepared by the attorney for the defendant. Alternatively, if a defense attorney feels there is a fatal flaw with the lawsuit a motion to dismiss the complaint or to strike portions of the complaint may be filed.
- Discovery
Once an action is filed, both sides have a right to “discover” facts concerning the opposing party’s case. Normal discovery proceedings include written interrogatories, depositions, production of records, and sometimes medical examinations.
Interrogatories – Each side may serve written questions on the opposing party, called “interrogatories”. You are required to answer these questions within a prescribed period of time, in writing and under oath. We will serve interrogatories on the defendant in your behalf, and the defendant will serve interrogatories on you, which you must answer. Our firm will assist you in preparing your answers.
Depositions – Used to learn as much as possible about the other side’s claim or defenses, a deposition collects information, under oath, that is transcribed in a statement which may be used by either side in a lawsuit. It has the same effect as testifying under oath. Those present are the parties concerned, their lawyers, sometimes an additional witness or two, and a court reporter who records the questions and answers. The lawyers normally agree in advance where the deposition will be held. It is usually in the office of one of the lawyers. You are required by law to give a deposition. This is not something in which we have a choice. Because of this, we will need your full cooperation. Prior to the deposition, our firm will go over the facts of the case with you and answer any questions you might have.
YOUR DEPOSITION IS OFTEN THE MOST IMPORTANT PART OF YOUR CASE.
It is important that you be prepared well in advance of the deposition date.
In giving a deposition, there are a few rules to follow:
- Always tell the truth, even if it hurts your case.
- Answer only the questions. Do not make any voluntary statements or speeches.
- Think before you make any answer to any questions. If it concerns a matter about which you do not know, or a detail you do not remember, you may so state. However, once you have stated that you do not know or remember, it’s hard to change your testimony at trial.
- Always be polite. Frequently the other attorney will ask you many questions which will seem to you to have no bearing upon the case. Nevertheless, it is your duty to answer these questions, notwithstanding the fact that they may irritate you.
- Never conceal prior injuries or prior illnesses. Remember, the other side has the means of obtaining such information.
Mediation
There are occasions when the parties submit the dispute to “mediation”. The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option to your case, your lawyer will discuss it with you.
If you have been seriously injured or lost a loved one as the result of a car accident, you need the advice of an experienced Texas personal injury lawyer. Call our firm today for your free consultation.
Our firm has been awarded the highest ranking a law firm can be awarded, signifying that the lawyers have reached the best heights of professional excellence and are recognized for the highest levels of skill and integrity.
Contact Our Dallas Law Offices, Today
When our Dallas clients come to us, they are often in a state of shock and confusion. We understand that this is a difficult time for injured victims and their loved ones, particularly if they are experiencing pain and suffering due to their injuries. We want you to focus on getting better, while we work diligently on your case.
Contact our Texas law offices today to find out how we can help you with your case. We are here to help you gain a better understanding of your options, so you get the best outcome for your specific situation.