Whiplash is the most common injury an accident can cause, which may lead to some serious long-lasting implications in health and general well-being. If, because of an accident, whiplash occurs, one should be quite smart and consult a lawyer on that basis. A whiplash injury attorney will thus be able to help with compensation against medical bills and lost wages for the injury sustained. But what exactly does a whiplash injury attorney do on this first meeting with them?
Our article will relate information regarding your first visit and what you should have with you in terms of documents, but also offer some suggestions on how to make most of your consultation to make it as smooth as possible and get yourself properly prepared for the case.
1. Preparing for Your First Consultation
Approach the meeting with a Dothan whiplash injury attorney prepared. The better you are prepared, the more effective and time-worthy the consultation will be. An attorney may take a matter of course in your type of case, but yours is unique.
Documents You Should Bring
The following are some of the key documents your attorney will need to see that pertain to the accident and your injuries. Documents you should bring in if they apply are as follows:
Accident Report: These are usually filed by responding law enforcement officers after an accident has occurred. It is a detailed report about the incident in question and may include witness statements, vehicle damages, and citations issued.
Medical Records: Bring in all your medical records related to whiplash injury. This shall include but is not limited to diagnosis, treatment plan, bills, physical therapy, or rehabilitation you may have undergone.
Insurance Information: If you call your insurance company, bring in letters or other communications you may have exchanged. Also, document your own insurance policy information and that of the other driver if known.
Lost wages: If your whiplash injury kept you from working, bring in documentation of lost wages including paystubs or letters from your employer.
Questions to Ask
Take some time before you see a lawyer and write down any questions you may have for them. Examples of some of these might be, but aren’t limited to:
- How long does an average whiplash injury case take?
- What type of compensation is available to me?
- What kind of fee structure does the attorney use?
- Am I going to be required to see any specific medical specialist?
- What, if anything, can be expected in the legal end?
These types of questions can better inform you of what you may face regarding your case and how the attorney intends to pursue it.
2. What You Can Expect During the Consultation
The attorney more than likely will begin by having you describe precisely what transpired with the accident. The attorney will want to know:
- When and where the accident happened;
- The speed and direction of the vehicles;
- what you felt physically immediately after the accident and in the days following;
- what medically treatment you have received;
This shall be used by the attorney to understand your case and understand the severity of your whiplash injury.
Discussion of the Legal Process
With the information mentioned above, the lawyer will discuss the legal process concerning making a claim for your whiplash injury. He might discuss:
Liability: This is because a great chunk of your case pertains to determining who is at fault. The lawyer will see whether the other party’s negligence caused your injury.
Statute of Limitations: All states vary concerning this time limit to file your personal injury lawsuit. Your attorney will advise you how much time you have in your state so that you do not miss any crucial deadlines.
Types of Damages: Of course, the type of damage that one is entitled to is made known. These can range from medical expenses to lost wages and pain and suffering and any possible future medical costs.
Settlement vs. Litigation: In most instances, injury cases are settled out of court. The attorney will inform you about settlement versus going to court and can let you know what more than likely will happen with your case.
Rating Your Case
Probably the most salient thing that takes place during consultation is that the attorney analyzes your case: he views your documents, clarifies some areas where he may have questions, and generally lets you know how strong your case is. Based on their experience, they give an estimate as to what compensation might come to you.
3. Attorney Fees and Payment Structures
Probably the biggest question most clients want to know is how much the legal fee is. In that respect, during your initial consultation, he will be bound to explain his fee structure to you. Quite a number of personal injury attorneys work on contingency fee terms-whiplash injury specialists being no exceptions. What that simply means is that a lawyer is paid only if you win your case, or a settlement is received. His contingent fee is from 25% to 40% of the damages award.
Other Costs
There are, however, sundry costs as far as filing fees, expert witnesses and other administration. I would want to know all the other costs that may be incurred. Which one is pre-paid and which ones are deducted out of the award.
4. Next Steps After Consultation
By the end of your consultation, both you and the attorney will probably have a pretty good idea as to what’s next. Provided the attorney takes your case, you will typically sign a fee agreement. It memorializes the attorney-client relationship and the terms of the representation, including how bills and payments are to be handled, and other helpful information.
What happens next:
Investigation: The location wherein it all occurred will be surveyed with your attorney and his staff of investigators. They may collect more pieces of evidence, interview eyewitnesses, and most importantly, consult experts about the injury you’ve encountered.
Medical Records: Your attorney may request that you undergo further types of medical tests with various specialists. All this may help in building a better case for you as expert testimony can be one of the most critical aspects in proving the extent of your whiplash injury.
Filing of Claims: Next, unless already done, your lawyer will file a claim on your behalf with the insurance company of the liable party. Your attorney will negotiate a good settlement with that insurer.
Negotiation: Of any case, personal injury cases seldom go to court. Instead, an attorney takes the compiled evidence and negotiates on your behalf with the insurance company for compensation that will fully cover all your expenses in respect to the accident.
Litigation: When negotiations have shown not to bear any fruit, then this is a case that will go to court. Usually longer and more complex, your attorney will again guide you through each step.
5. Open Communication
Your initial consultation also provides an opportunity for you to establish a positive pattern of communication with your attorney. A positive attorney-client relationship is based upon candor and trust. You must be satisfied that you inform all the facts about your accident and resulting injury. You, in turn, will want your attorney to keep you informed about any developments affecting your case, including newsworthy settlement or trial activity.
That would be what lines of communication are preferred if you had one thing to ask. Some attorneys would want email or telephone, while others make use of online portals through which you might check up on the status of your case. Knowing how your attorney works is going to go a great deal farther in making things a lot easier for you and helping you get comfortable and involved in that process.
Lastly, ask all your apparent doubts during your consultation with the following questions:
- How many years have you dealt with whiplash injury cases?
- How many cases similar to mine have you handled?
- What is the success rate you have achieved with your cases regarding settlement and trial?
- Who will handle my day-to-day case?
- How often will I be updated about the progress in my case?
These will help in reducing the competency of the lawyer in handling your case and get you comfortable with his or her representation.
Final Thoughts
This initial consultation with a whiplash injury attorney marks the most important phase towards your claim for compensation. You will be given an opportunity to present your case in as much detail as you want, to ask questions, and to get a professional opinion regarding your legal standing. Preparation-and therefore knowledge-of what may well be expected will help ensure that the best use is made of this important meeting. A good attorney will take you through the hoops so that you may not be scathed by all the legalities involved and continue with the recovery of your injury.