FAQs
When Should I Hire a Lawyer?
Right away. The success of many cases will turn on the evidence collection, witness identification, photographs, and expert opinions. There have been million-dollar cases lost due to a delay in hiring an experienced personal injury attorney to investigate and document a claim.
Do I Talk to a Claims Adjuster?
Our advice to prospective clients is to decline politely to giving a statement to the adjuster and tell them that the refusal is based upon the advice of counsel. Usually, the adjuster will be very friendly and give you the impression that they are concerned about your well-being, however; their intentions are to the contrary. The adjuster is beginning to build a defense for their insured by taking your statement.
When Should I Receive Treatment?
It is important for an injured person to obtain medical care following an injury. The first and foremost reason is health. It is our experience that people who obtain high-quality medical treatment following an injury accident minimize the risk of developing a permanent condition that will leave them with residual disabilities.
How Do I Document My Care and Injuries?
Each time you see a health care practitioner, a chart notation is made documenting the date of treatment, your complaints and the history that you tell the health care provider, their objective observations, and their assessment of your injuries. The need to document your injuries and symptoms in the medical record has recently taken even greater importance. If an injury or related symptom is not recorded in your medical records, it doesn’t exist as far as the insurance company is concerned. Also, if you do not follow the doctor’s instructions for follow-up care, e.g. obtain physical therapy or get an MRI, the insurance company will punish you by reducing the adjuster’s authority to settle your claim.
Should I See a Specialist?
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How Much Treatment Should I Get?
It is important to obtain all the medical care that is suggested by your primary physician because there is a correlation between the total amount of your medical bills (also known as 'medical specials') and the amount the insurance company is willing to settle your claim for general damages.
If I received workers’ compensation, can I still file a lawsuit?
No. Workers’ compensation was created so that injured workers could be compensated for their medical bills and lost wages when they were injured on the job. The workers’ compensation system does not determine whose fault the injury was. In exchange for workers’ compensation, the employee gives up their right to sue their employer or a fellow employee for negligence.
Due to the complicated nature of workers’ compensation laws, you should hire a personal injury attorney who knows workers’ compensation law when you are permanently injured or if your injury was a result of the negligence of a third party.
What Are the Fees and Costs?
The Farber Law Group represents people who have suffered a personal injury on a "contingent fee" basis. This means that the attorney's fee is contingent on the outcome of the claim. If the client does not win his case and receives nothing, then The Farber Law Group is not paid for professional services rendered. If there is a recovery, the attorney receives a percentage of the award as his fee. Usually, attorneys charge one-third of the gross recovery. In cases where an extraordinary amount of legal work is required, such as cases involving medical negligence or product liability, the fees are commonly 40%.
Trail Costs: Also, many attorneys increase the basic percentage from one-third to 40% if the case when to trial or if it settles just before trial. In addition to attorney's fees, there are litigation costs that are also incurred in the prosecution of a personal injury claim. These involve filing fees, cost of acquisition of medical records, expert witness fees, costs of exhibit production, court reporter charges, etc. These costs and expenses other than attorney's fees must be charged to the client and are not contingent on the outcome of the case. This is required by the Rules of Professional Conduct. However, attorneys are permitted to advance (loan) costs to a client with the understanding that they will be charged back at the conclusion of the case and deducted from the client's share of the recovery. The Farber Law Group normally advances costs for our clients.
How Long Will The Case Take?
There is no precise answer to this question. The length of time a claim remains open depends primarily on the recovery of the injured plaintiff. While fractured bones typically heal within three months of an accident, damage to soft tissue, including tearing and stretching of ligaments and resulting scarring, often remains symptomatic for six months to one year. An injured plaintiff should not gamble with their recovery by attempting to settle a claim too early in reliance upon an optimistic opinion by a treating physician.
What Are Computerized Claims Adjusting?
You must be proactive in getting all of the necessary treatment for your injury and make sure that there are no lapses in your treatment record.
Most insurance companies now use computer programs to analyze the non-economic portion of personal injury claims. It is essential for you to know if the company that is responsible for your claim uses one of these programs, and to make sure your course of treatment documents the variables and “drivers” that will optimize the claim.
The secret to maximizing personal injury settlements in face of computer evaluations is to make sure you receive treatment from a medical doctor or osteopathic physician who will take the time to document all of your injuries and make chart entries of all of your symptoms. If you are treated by a chiropractor you should also consult a medical doctor because the computer programs do not accept opinions from chiropractors and discount injury claims where they are the primary health care provider.
What Is the Statute of Limitations for Filing a Personal Injury Lawsuit?
In Washington State, the statute of limitations for filing a personal injury lawsuit is three years.
Washington state statute RCW 4.16.080 Actions limited to three years provides:
An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated
However, if you were injured in a Washington injury accident, we do not recommend that you wait until just before the statute of limitations expires before filing your claim. Waiting until the 11th hour can damage your claim in the following ways:
Notification. Failing to provide prompt notification to the liable party of your injury, even if you do not plan civil action, may nullify your claim in the future. For example, some states have statutes that require you to notify a government of a slip, trip, or fall accident within 30, 60, or 90 days. If you fail to do so, you may not be able to file a civil suit.
Lost Evidence. Failing to contact an attorney early on may mean that evidence is lost. In many cases, a personal injury attorney works with an investigator who will take accident scene photos and in the case of car accidents, photos of the damaged vehicles. If one waits too long, then the chance may be lost to photograph damaged cars. If too much time passes, the investigator may not be able to photograph skid marks, poorly marked signage, etc.
Witness Problems. Failing to work with an attorney on your case may mean that you lose witnesses. Witnesses, over time, forget, move or even die.
Memory Fades with time. With time, your memory may fade. Later on, this can hurt your case because you will not be able to answer questions or "interrogatories" posed to you. Depositions require the knowledge of many facts and having a clear memory of all of the information of your case will help you. Saying, "I don't remember." or, "I forget." will hurt your case.
Multiple Injury Cases. In a case where there are several people injured if the negligent person has limits to their insurance, the first injured persons to file claims may be covered but subsequent claims may not be covered by insurance.
Documenting Treatment. A personal injury attorney will advise you on how to document your treatment and keep medical records for use in your case.