How To Settle A Personal Injury Case In Wisconsin

Transcription

1 K LO DAVID B. KARP DAVID N. IANCU JEFFREY A. KARP, FOUNDING PARTNER (years of service ) INJURIES & ACCIDENTS WE TAKE YOUR INJURIES PERSONALLY karplawfirm.com 933 North Mayfair Road, Suite 300 Milwaukee, WI 53226

2 INJURIES & ACCIDENTS KL O DAVID B. KARP DAVID N. IANCU JEFFREY A. KARP, FOUNDING PARTNER (years of service ) A re y ou a v i c t i m of a n aut o a c c i d e nt? DON T GAMBLE WITH YOUR LEGAL RIGHTS. Trying to settle your own injury case is as risky as rolling the dice. Insurance companies employ professional adjusters you need experienced personal injury lawyers to help turn the odds in your favor. You ve probably been bombarded by lawyers since your recent neck or back causing pain, discomfort or stiffness, all of which can accident. You might feel like taking this brochure and throwing it take many months to heal. Cases of this nature may have a much into the trash. We are urging you, instead, to read on because failure greater settlement value than you might imagine. to know your legal rights might jeopardize your ability to recover Attempting to negotiate and settle your case directly with an thousands of dollars in damages. insurance company is very risky. The claim adjuster will want David B. Karp David N. Iancu If you ve been injured as a result of someone else s negligence, to take a recorded statement from you, will want to gain access to you may be entitled to obtain not only the cost of repairing your your medical and employment histories, and may try to talk you into a vehicle but also compensation for hospital and medical expenses, settlement figure that is far below what you are entitled to. Can you medications, nursing services, lost wages, pain and suffering, mental afford to trust your legal rights to an adjuster who is paid to represent anguish, loss of enjoyment of life, and permanent disability. Even the insurance company? If the answer to this questions is no, we urge seemingly minor car accidents can produce muscular injuries to the you to read on. Let us first share with you some real life examples of people we have represented and how the cases that they had might have ATTORNEY ADVERTISING. This brochure is designed for general information only. The information presented in this brochure should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. ended up far differently if they had not had the forethought to retain an experienced personal injury lawyer. To protect client confidentiality, last names are not used: Real Life Example Marion One of our clients, Marion, was a nice, hardworking lady. Through no fault of her own, she was involved in an automobile accident with another person insured by a major, national auto insurance carrier. Marion injured her neck in the accident and went to see her family physician who prescribed some medication and told her that her pain would go away given time. Unfortunately, Marion s pain did not go away, and she did not know what to do about medical treatment. Also, she was under pressure from the insurance adjuster who kept calling her trying to force her into a quick settlement. The adjuster told her that she should accept $2, to settle her case and that was a generous offer. Marion didn t know what to do, 3

3 she felt as though she had no choice but to settle her case, and she then said to the insurance representative that she would settle if he agreed to pay her $3, The adjuster refused, would not even compromise with her and pay $2,500.00, and this finally got her angry and prompted her to call us. We sat down with Marion in our office, reviewed her case in detail, and quickly learned that she had made a number of critical mistakes. First, she did not seek the services of a physician who specializes in treating injuries. Second, she entered into settlement negotiations with the insurance company while she was still symptomatic from her injuries. Third, she had no idea what her case was really worth and was negotiating blindly. The first thing we did was suggest that Marion see a specialist who could help her with the pain she was having in her neck. It turned out that Marion had a serious injury to her neck, one which was eventually diagnosed as being permanent, and one which was also diagnosed as having triggered traumatic arthritis. We ultimately settled Marion s case with the insurance company for its maximum policy limits of $25, This was over ten times what the insurance company had offered her to settle without our involvement! We ultimately settled Marion s case with the insurance company for its maximum policy limits of $25, This was over ten times what the insurance company had offered her to settle without our involvement! Real Life Example...the lawyer representing the insurance company, the head of a big downtown insurance defense firm called and tried to intimidate us, and said that we should give up on the case, accept a token amount of money, and call it quits. We told this Dolores The next client we want to tell you about is Dolores. Dolores is a single mother of two, who, on one nasty, rainy afternoon was going to a fast food restaurant to pick up some lunch for her kids. After entering the restaurant, placing and paying for her order, and walking back towards her car, she slipped and fell on a greasy, oily patch on the parking lot, which had been made even more dangerous as a result of the rain. Dolores fell on her back, sustaining a serious injury which required her to seek medical treatment and physical therapy for almost a year. She ultimately was diagnosed with a permanent injury to her lower back which affected her When Dolores hired us, the first thing that we did was personally go to the restaurant to inspect the parking lot. We saw that the entire lot, in all of the parking stalls, exhibited areas of grease and oil. It was obvious that the lot had not been re-paved or even cleaned in years. Many hundreds of cars must have left small amounts of oil which had accumulated into a tremendous hazard. We immediately had our investigator take photographs of the parking lot to be used for future evidence. We filed a lawsuit against the restaurant and its insurance company, and prepared to battle for Dolores in front of a jury. Real Life Example Leonard The insurance companies involved in the lawyer that we had no intention of giving up on the case and that we would see him in court the next morning! ability to work and to care for her children. The insurance company for the restaurant refused to pay Dolores any money for their negligence in allowing the parking to be in The case went through a jury trial, the jury found the restaurant negligent and careless in their maintenance of the parking lot, and our client was awarded a substantial amount of money to compensate her for her medical The next case we want to tell you about case refused to make any settlement offer a hazardous, unsafe state of repair. They expenses, wage loss, pain and suffering, and involves a client named Leonard. One day to Leonard at all. They kept arguing over argued that they were not responsible permanent disability. The insurance company Leonard was driving to work, and was which driver was more or less at fault for because Dolores must have simply fallen due was so upset with the verdict that they filed stopped at a red light. Two other vehicles the accident, but refused to pay anything to the rain and they were not responsible for an appeal. The Wisconsin appellate court collided in the intersection and one of them to our client, a totally innocent victim. We an act of God. upheld the jury s decision and ultimately slid into Leonard s vehicle causing extensive started a lawsuit against both insurance Delores received her compensation. damage to the car and also injuring Leonard s companies, and proceeded to trial which We started a lawsuit against both neck and back. This accident absolutely was resulted in Leonard receiving an award of insurance companies, and proceeded to trial which resulted in Leonard no fault of Leonard s. Our client went to a chiropractor, obtained treatment for his neck and back injuries, and while he improved compensation of substantially more money than he ever thought he would receive. He was thrilled with the result and extremely receiving an award of compensation of substantially more money than he ever over a period of many months, he never got back to the good health that he was in before the accident. He was told by his chiropractor happy that he decided to hire our firm. The insurance companies would have never paid him anything if he did not hire us to take his thought he would receive. that his condition would remain permanent. case to trial. Please, don t let this happen to you! Protect yourself by learning the facts insurance companies don t want you to know. 4 karplawfirm.com 5

4 Insurance: a guide for accident victims Don t count on the insurance company to tell you the truth. We offer no miracles...just hard work. The harsh reality is that powerful, multi-billion dollar insurance companies often confuse and mislead unrepresented injury victims into accepting settlements Please do not let this come as a surprise to you, but there is a strong possibility that the insurance company you have been or will be dealing with will try to get you to accept a lesser amount than you Of course, we cannot work any special miracles on the cases we handle; but we do our jobs as lawyers as diligently and honestly as we can. We do the hard work that we are supposed to do that is necessary to help our clients. We take the time to listen to our clients and we are sensitive to their individual needs and concerns. We retain necessary experts, interview witnesses, obtain and examine their damage claims. We know the law, we follow the proper procedures, we handle cases in an organized, efficient manner, and we hold our ground for our clients while negotiating with insurance adjusters and defense lawyers. With the thousands of cases that we have handled, and with decades of experience in personal injury law, we are able to analyze a case situation, recommend the best course of action and obtain a just and fair settlement for our The tragedy is that there are many people out there just like you and your family members, friends and co-workers, who are taken advantage of after their accident. Every year, hundreds, if not thousands of people are injured in automobile accidents, at work, in a slip and fall or by a defective product. In some way or another they re injured all over again by uncaring insurance companies and their representatives who are only interested in the bottom line, not in doing what is fair or that are significantly lower than what they truly deserve. Remember, insurance companies are in business to make money by taking in premiums. The less they pay out in claims, the more profit they generate for themselves and their shareholders. The role of the insurance adjuster is to protect the company and to use any tools available to minimize payment to the injured victim. This is exactly the opposite of what we do as personal injury lawyers our job is to obtain the maximum fair settlement value for the injured person. deserve. If you attempt to negotiate your case on your own, the insurance company representative will likely perceive weakness and will never feel compelled to make the best offer. If you are represented by a law firm with a long history of accomplishment in personal injury litigation, the adjuster will know that failure to negotiate sincerely will result in a lawsuit. But, if you are proceeding on your own, the adjuster will assume that he or she is in the driver s seat and controls the situation. medical records, and documents and verify clients. just for the injured victim. what you need to know about your injury claim: Frequently Asked Questions The first thing we want to tell you is that rigid time deadlines exist in which to sue or make claims for different types of actions. The failure General deadlines to sue or make claims How long after my accident can I file a lawsuit? The statute of limitations for personal injury cases in Wisconsin is 3 years. After this period has expired, you can no longer take legal action. Will I have to endure a long court battle for my accident case? Most injury victims settle out of court; however, every case is different. Your case may or may not require a trial, and the duration can vary. to act timely to protect yourself can become a complete barrier to your right to recover! Motor vehicle accident... 3 years Slip and fall... 3 years Do I need an attorney to file a lawsuit? Filing a claim without a lawyer can be difficult. An experienced attorney can help you fill out the necessary forms and see that they are promptly delivered to the court. In addition, he or she can provide you with sound advice at every stage of your lawsuit. The attorney will also be present with you at every court appearance. Can I sue for a car accident in Wisconsin? Maybe. It depends on your injuries and whether the accident was your fault or the fault of the other driver. An experienced lawyer can provide you with additional information. The following is a general statement about some deadlines for some types of cases under Wisconsin Law. Product liability... 3 years Claims against government entities days (notice to the entity from the date of injury). Warning: These are general statements of limitations. There are many exceptions and you should consult an attorney concerning your particular claim and the applicable statute of limitations and any available exceptions. 6 karplawfirm.com 7

5 if you are injured by someone else s negligence, what are you entitled to? If you are injured through no fault of your own but by someone else s negligence, Wisconsin law entitles you to recover various types of damages: Pain And Suffering Ordinarily, the most valuable element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury. These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses. Future Loss Of Earnings If your injuries permanently limit your ability to earn, you can recover, with reasonable probability, the value of the future reduction in earning capacity. These damages compensate you for your lost earning power over the remainder of your working years. Disfigurement If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement. use this information to protect your rights. Medical Expenses The cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of your injury, are recoverable. These expenses include past (alreadyincurred) medical expenses, including prescriptions, and also future medical expenses, which may be the product of the original injury or that result from a need for future surgery. All forms of care and treatment, whether hospital, medical, chiropractic, physical therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included. You are entitled to claim the full value of your medical expenses from the responsible party even if your health insurer or carrier has paid all or part of your bills. Your own insurance company will likely seek reimbursement for bills it has paid. This is called subrogation. Loss Of Earnings You are also entitled to recover the loss of earnings suffered from your injuries. Thus, wages, commissions, bonuses and all other earnings and benefits are recoverable. Damage To The Marital Relationship Serious injuries to one spouse may cause damage to the marital relationship. If this occurs, you are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs. Damage To Your Vehicle Or Other Personal Property You are entitled to be made whole for any damage to your personal property. If they can repair your vehicle, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle (a total loss ), you are entitled to recover the full value of your vehicle before it was damaged. Warning: Changes in the law concerning damages occur regularly. You should consult with an attorney with respect to these changes. What is gross negligence? Gross negligence means carelessness or recklessness that amounts to a conscious disregard for the safety of others. Gross negligence involves a higher degree of carelessness than ordinary negligence. For example, dumping toxic waste into your neighbor s swimming pool would constitute gross negligence. Why is gross negligence significant? In a personal injury action, it may be necessary to prove gross negligence in order to recover punitive damages. Punitive damages are awarded to punish a defendant rather than to compensate a plaintiff for his injuries. In addition, some laws grant immunity to certain persons (such as government employees) unless they are guilty of gross negligence. We would like to offer some general information that should be helpful to your personal injury case: TALK TO NO ONE. DO NOT TALK TO ANYONE about your case, except your attorneys and the doctors who are giving you medical treatment. If anybody contacts you requesting information about your injury case, including another driver, someone else s attorney, a private investigator or a representative of an adverse insurance company, refer any such individual to your lawyer. Do not discuss the details of your accident or your injuries with any such individuals; do not allow anyone to take a recorded statement from you and do not sign anything without the advice of a lawyer. YOUR DOCTOR It should be your number one priority to obtain all necessary medical treatment to insure that you make a full and complete recovery from injuries you sustained in your accident. You should return to see your doctor as often as necessary, and should always tell him or her about your complaints, limitation of regular activities, and the affect the injury is having on your life. Do not attempt to minimize your pain when speaking to your doctor; he or she must know the full extent of your problems in order to properly evaluate and treat you. Be prompt for and never miss any of the appointments with your physician; this would be very detrimental to your case. Finally, do not at any time attempt to exaggerate or make up an injury. AUTOMOBILE REPAIRS If you have deductible collision coverage on your vehicle, you should have the vehicle repaired through your own insurance company, paying your deductible portion, which is usually $ to $1, Whatever deductible sum you pay, do so by check, and keep a copy of the canceled check and a copy of your receipt so that this expense can be made part of your claim against the responsible insurance carrier. If you do not have deductible collision coverage on your vehicle, obtain two written repair estimates from well-known, reliable body shops. Visible body damage should be photographed as soon as possible. It is very helpful to have evidence showing the severity of the impact. WITNESSES It is very important that you retain the names, addresses and telephone numbers of any and all witnesses to your accident. Often, a statement from a witness can be extremely valuable in settlement negotiations when a dispute exists as to how an accident happened. MEDICAL BILLS If you have your own health insurance coverage, you should submit any and all of your doctors and hospital charges to your insurance carrier. This will eliminate the health care providers from demanding payment from you while your case is pending. In most instances, however, your insurance company will be entitled to reimbursement from settlement proceeds for bills paid. This is called subrogation. 8 karplawfirm.com 9

6 K LO BILLS AND RECEIPTS You should keep copies of all expenses that you incur as a result of your accident, including such things as hospital bills, doctor bills, prescription receipts, ambulance charges, auto repair estimates, auto rental receipts, and any other out-of-pocket loss that you sustain. All of these are part of your case and will be needed by your lawyer. SURVEILLANCE While it is unlikely, it is conceivable that the insurance company involved in your claim may have an adjuster, or a private investigator, follow you around in an attempt to take photographs or video that will minimize or discredit your claim. Thus, you should conduct yourself accordingly, at all times, and if you become aware of any insurance company surveillance, notify your attorney. Protect your rights: Talk to no one. Get medical treatment immediately. Repair your vehicle through your insurance company. Retain contact information of witness(es). Submit medical charges to your insurance carrier. Why choose Karp Law Offices? It is also possible that the insurance company may attempt to talk to your neighbors or co-workers about your injuries. This is why we recommend that you do not discuss your injuries with anybody. Obviously, if you do not discuss the extent of your injuries with neighbors or co-workers, they cannot say anything to an insurance investigator that would be detrimental. KEEPING RECORDS During the course of your claim, you should keep accurate and detailed records of such things as lost time and wages, hospital, doctor, drug, and other medical expenses, costs of hiring in-house nursing, child care, cleaning help, or other expenses incurred as a result of your injuries. If it is not possible for you to get a receipt, make sure you pay for any services associated with your injury by check. The check will be your receipt, and copies of the canceled checks can be used to verify the expenses. Keep copies of all expenses. Be aware that you may be under surveillance. Keep detailed records of lost time and wages, hospital, doctor, drug, in-home nursing, child care, cleaning help, and other expenses resulting from your injury. Do not discuss your case with friends and family through social networking sites such as Facebook and Twitter. Types of personal injury cases we typically handle: Accidents Motorcycle accidents Truck and bus accidents Slip and fall accidents Dog bites Catastrophic injuries Wrongful deaths Product liabilities EXPERIENCE We have been representing accident victims since We have successfully settled thousands of cases for Milwaukeeans of all walks of life. We have generated over 70 million dollars in accident settlements for our clients. WE ARE PAID AFTER YOU ARE PAID Our fees are contingent upon your recovery. This means that you pay us no fee when we get started. There are no hourly charges, no retainer fees, and you will not receive any bills in the mail from us. You will pay a 1/3 percentage fee only when your case is concluded and you receive your compensation. FREE CONSULTATION We offer a free, consultation and review of your case. We will meet with you at no cost and with no obligation. This consultation will allow you to protect your rights and maximize the value of your case. You ll be able to get all of your questions answered and go forward with confidence and peace of mind. We will go over the facts of your case with you, ask you questions and review the police report and any photos, estimates or other papers you may have. Then, when we have a clear understanding of what happened, we will give you our opinion about your case, including your chances for recovery and any problems we see. Every case is different and we will tell you what we think is best for you under your specific circumstances. We will also explain your legal rights and your obligations. We will tell you what papers need to be filed and what reports need to be made. We will also explain the entire claims process so you ll know exactly what happens from start to finish. If the facts are in dispute, we will tell you what can be done to prove your side. We will also tell you how to protect yourself from insurance adjusters and investigators. As a result of this consultation, you will know what to expect in the weeks and months to come. You will have the information you need to be able to make an informed choice about your case. You ll leave our office more knowledgeable and more confident about the future. Again, the consultation is free and without obligation. There will be no one to pressure you. If you decide to have our office handle your case, we will help you with your auto damage repair claim, even if it is with your own insurance company, and we will charge no fee whatsoever for this service. Professional investigation If you hire us, we will professionally investigate your claim, including contacting witnesses, obtaining statements, photographing your vehicle and the accident scene, and making sure that all evidence necessary to win your case is obtained and preserved as quickly as possible after your injury. referrals for medical treatment We will be happy to provide detailed information to you concerning referrals for medical treatment. If you do not have your own physician or if you do not have medical 10 11

7 K LO insurance we have the ability to refer you to companies and their adjusters gives us an attention to your needs, and open various healthcare providers, including pain edge that you could not possible have if you communications with our clients. Your case management and rehabilitation specialists, chiropractors, osteopaths, neurologists, occupational medicine specialists, orthopedic surgeons, plastic and re-constructive surgeons, and others. If you do not have applicable insurance or the resources to pay as you are going, the physicians we refer you to will generally agree to wait for payment until your case is resolved. no insurance worries We handle and settle cases with all major automobile liability insurance companies on a regular, daily basis. Insurance adjusters know our reputation for honesty and integrity and this gives us the ability to settle your case pursued the case on your own. we are aggressive for you Unlike some law firms, we will aggressively litigate our cases and take them all the way to trial if an insurance company attempts to short-change our client. We are not afraid to go head-to-head against the insurance companies and their high-priced legal counsel. We successfully settle the vast majority of our cases precisely because the insurance companies and their lawyers know that we take our cases very seriously, we will fight them all the way, and our clients rights always come first. will be handled by an experienced personal injury attorney, not by a paralegal, clerk or assistant. Your telephone calls will be returned promptly, and you will receive periodic correspondence bringing you up-to-date on your case. We are always available for in-office meetings to answer any questions or address any concerns you may have. We offer flexible hours to accommodate your needs. convenient location Our office is conveniently located in Wauwatosa, on Mayfair Road. Parking is free and you avoid all of the hassles and costs associated with Don t delay, call us at (414) for your appointment today! We offer a free consultation and review of your case at no cost with no obligation. When you call our office, please ask to talk to one of our attorneys to arrange a one-on-one consultation to discuss your case at no charge. We will be happy to answer your questions, give you the benefit of an objective analysis and then, it s up to you to decide whether you want to use us as your attorneys. Thank you for reading this material. For your convenience, we have enclosed one of our business cards. I hope you will use it to call us to discuss your case; I think you will be happy you did! Thank you for giving quickly, efficiently, and at maximum monetary we are here for you traveling downtown to a lawyer. Karp Law Offices, S.C. your consideration. value. Our familiarity with insurance We pride ourselves on personal service, Yours very truly, the worst thing you can do is what many people do delay or do nothing! David B. Karp Too many people have told us that they wished they had acted sooner before important witnesses moved or could no longer be found, or before delays or gaps in their medical treatment proved fatal to their case. We have encountered many people who have suffered injuries from an auto collision or other accident who failed to seek legal advice in a timely fashion. Some of these people didn t go to a lawyer because they didn t know they had the right to compensation, some were intimidated, and some, unfortunately, had bad experiences with other lawyers in the past. WE TAKE YOUR INJURIES PERSONALLY. ATTORNEY ADVERTISING. This brochure is designed for general information only. The information presented in this brochure should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 12 karplawfirm.com 13

8 NOTES K LO DAVID B. KARP DAVID N. IANCU JEFFREY A. KARP, FOUNDING PARTNER (years of service ) WE TAKE YOUR INJURIES PERSONALLY karplawfirm.com 933 North Mayfair Road, Suite 300 Milwaukee, WI karplawfirm.com 15

9 KL O DAVID B. KARP DAVID N. IANCU JEFFREY A. KARP, FOUNDING PARTNER (years of service ) W E T A K E Y O U R I N J U R I E S P E R S O N A L L Y karplawfirm.com 933 North Mayfair Road, Suite 300 Milwaukee, WI 53226