Litigation

Do you need to bring a lawsuit? Do you need a lawyer to defend your interests?

An important part of our business involves litigation.  If you have been in an accident or if believe you might be sued or if you wish to bring a claim against a defendant, your first step should be to call us.  A simple consultation will answer your questions and let you know your rights.  If you are unable to travel, at your request, we can visit you at your home or in the hospital.  A lawsuit involves complex issues and without proper legal representation you may unknowingly prejudice yourself.  Statements you may give during the initial investigative stages may unknowingly prejudice your claim later on.  Initial consultations are free of charge.  

THE FOLLOWING IS A BREAKDOWN OF THE ISSUES WHICH YOU MAY ENCOUNTER IN A TYPICAL PERSONAL INJURY CLAIM:

At the accident scene and immediately after:

  • Investigation (Examples:  police investigation, accident reports prepared by store employees, employers, building owners)
  • Insurance Company Investigation (Examples:  examination under oath (EUO), taped statements, visit by insurance company representative)
  • Putting your insurance company on notice of the accident in a timely fashion
  • Putting the negligent parties’ insurance company on notice of the accident in a timely fashion
  • No-Fault Insurance claims for medical expenses and lost wages (Issues:  was your claim submitted correctly and in a timely manner?)
  • Initial offers to settle by the insurance company representatives (Issues:  are these offers adequate, what are your rights after accepting such a settlement and can such a settlement be rescinded after acceptance?)

When a claim becomes a lawsuit

  • Who is the correct party to sue (Issues:  Suing the proper party is not always as straight forward as it seems.  A proper investigation will determine who is the correct party to be sued?)
  • Venues (Issues:  Is one venue more or less advantageous to my case than another, do I have a choice in venue?)
  • Statute of limitations (Issue:  When must I start an action by?)
  • What are the steps in litigation (Issues:  Commencement of action, discovery, trial)
  • Arbitration/Mediation  (Issues:  Are these avenues right for my claim?  Will my claim be resolved more expediently?)
  • Trial (Issues:  Have you retained the right experts?  Do you have the right photographic evidence?  Can I go to trial faster due to a “special preference”?  When will my case be ready for trial?  Should I go to trial or consider settlement options?)
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