The Handling Of Your Case


Your personal injury claim may result in your first substantial contact with our legal system and an attorney. You are not alone if you approach this situation with some anxiety and with many questions. While strategy varies, we usually follow certain basic steps in our effort to secure fair compensation for our clients. The majority of injury cases are settled out-of-court. There is no money up front. All cases are handled on a contingency fee basis. This means that you will pay nothing for attorneys fees unless we collect. There are no up front costs. However, there may be some costs owing at the end of the case. If you have any questions about this, we encourage you to call and ask for further explanation.
SHOULD YOU HANDLE YOUR OWN CASE?
Many people naturally prefer not to hire an attorney unless one is really necessary. However, after suffering a serious injury in 1985, I too decided to hire an attorney to represent me following my accident, even though my practice was exclusively devoted to representing injured people. As one who has the skills, experience, training and education in personal injury law, why did I choose to hire a personal injury lawyer to represent me after my accident? After all, my practice has been devoted to helping injured people. Why would I agree to pay another lawyer a contingency fee?

Well, the answer was simple. I was in no condition to represent myself. Further, I was too emotional and could not have been objective about my case. Further, if I represented myself, I would have had a fool for a client! No one can objectively represent themselves. Doctors do not, or at least, they should not treat or operate on themselves, right? Thankfully I made a full recovery!

Remember, "what is good for the goose is good for the gander." If I could not have followed my own advice, why should you? I did not relish the idea of sharing my recovery with another attorney either. But I knew that even though all I did was eat, sleep and breathe personal injury law, I still could not have represented myself effectively. Many of you probably do not have the expertise, training and education of an effective personal injury lawyer. The risk of making too many irreversible mistakes on your case could be very costly. Preserving the evidence and laying the foundation to prove your case legally and medically is very important. From the start, a complete investigation needs to be done. Secondly, obtaining the right medical treatment from the best medical specialists is critical towards your recovery. Those with no or little experience will not know what should be done and who the best specialists are for the appropriate medical care and treatment needed.

A word to the wise, "do not cut off your nose in spite of your face." In other words, do not let your greed overpower your better judgment. Hire an experienced personal injury lawyer. In my opinion, based upon what I have seen over the last seventeen (17) years, most people who try to handle their own cases, in order to save a standard contingency fee of one third (1/3), end up netting out less even after the deduction of the contingency fee. Further, most people "bungle up" their claims. This makes it difficult for a lawyer to try and correct their errors.

Further, try not to fall prey to the standard insurance company line -- "Oh, you do not need a lawyer, we will take care of you! We will treat you fairly!" Do you think that most of the time the insurance companies are really concerned about providing you with fair compensation? Or do the shareholders want the insurance company to pay you as little as possible in order to maximize profits? How will you know that you are being treated fairly when you do not have the skills, the knowledge, or the experience to evaluate whether you are being taken to the cleaners? The contingency fee is designed to place the personal injury lawyer in your corner. There is no money up front and you pay nothing for attorneys fees until the lawyer collects. Again, however, you are responsible for costs. The more the lawyer recovers, the more your get. Simply, the contingency fee works in your favor and not in the favor of the insurance company.
INITIAL CLIENT CONFERENCE
If you make the right decision and hire a personal injury lawyer in our firm, we will obtain information about the accident, your injuries, and losses at our first meeting. We will discuss the strengths and weaknesses of your case while making initial recommendations on how we should proceed. You will be given a client questionnaire which is critical in the evaluation of your case. Please fill this out in detail and return it to us within one week of your initial client interview so that we may immediately start working on your case. Often we may fax it to you to fill out in detail before your initial conference. Please call the office if you would like one faxed or sent to you.

At the time of the initial interview and following the receipt of the questionnaire, along with any insurance policy and investigation reports, a determination will be made whether or not to hire an investigator. An investigator may be needed to secure information, such as statements from eye witnesses, photographs, and other facts which may be lost forever unless secured at the onset of the case. We may employ investigators who have investigated cases for insurance companies and law enforcement agencies.
WHAT YOU CAN EXPECT FROM THE LAW OFFICE OF ROBERT B. KORNFELD, INC. P.S.
When you retain our services, we will handle all communication and contact with your insurance company, the other side's insurance company, and your medical insurance company. This will include the coordination of insurance coverage benefits for you with your own medical insurance company. It is very important that this task be performed by your attorney rather than yourself. Otherwise, there are significant risks that you may make mistakes which could jeopardize not only your claim, but also our ability to reduce your insurer's right to recover subrogation reimbursement at the conclusion of your case for which you may be otherwise 100% liable.

We will seek compensation for your injury through an out-of-court settlement or through a trial, if necessary. While most claims are settled without a trial, the top settlements usually only happen when the opposing side knows your lawyer will be ready to proceed to trial. At this firm, we prepare each case as though it will go to trial. Once the opposing side knows that you have chosen a lawyer who actually tries cases and has an effective trial track record, then this will assist you in increasing the odds that your case will settle without litigation or going to court.

It is part of every client's responsibility to cooperate closely with your attorney. We may ask you to see medical or vocational experts to evaluate the effect of your injury on your future health, disability, and earning ability. Please, have patience. It is not advisable to settle your case until your doctor has released you from care and he/she has stated that you have reached "maximum medical improvement". This means that your injury has stabilized. Remember, your injury may affect you for a long period of time. You are entitled to have this fully considered and well presented in order to obtain the optimal result. Since the legal system is meant to help people, with the right attorney, it can work for you providing you follow this advice.
BE TRUTHFUL
It is extremely important for you to be totally honest with us. Your lawyer must know everything there is to know in order to do the best job for you. This includes prior convictions, prior L&I (worker's compensation claims), prior similar or related injuries, and prior litigation. You should be aware that the filing of a personal injury action in the State of Washington acts as an automatic waiver of your physicians-patient privilege. Therefore, all of your medical records will be disclosed to the other party. If you are concerned about disclosing any medical condition, please bring this to our attention at once. Let us know what concerns you may have.

It is important to remember not to sign a release for any information to be released to any insurance company or other investigator without our prior approval. Remember, the insurance adjuster is being paid to create a case that will avoid or will minimize any settlement amount to you from the insurance company. Again, do not talk to anyone outside of your immediate family. Insurance companies often hire investigators to speak with friends, neighbors, and fellow employees to verify the accuracy of your injuries or even to secretly videotape your activities to see if you are truly impaired.
CONTACT WITH INSURANCE COMPANIES
Generally, we will also be contacting the insurance company of the person or business responsible for your injuries. We will tell them that we are representing you and that they should not contact you. From then on, we will be handling all communication with the opposing party. It is critical that you do not talk with them or to anyone about this case.

Often an insurance company will elect to hire its own doctor to perform an IME, an independent medical exam. The purpose of an IME is to objectively assess your medical problem. However, typically an insurer will hire an insurance defense biased physician. The goal of the IME is often designed to eliminate or cut-off your medical benefits or for the insurance company to obtain a medical report favorable to it which helps to minimize the severity of your injury. If you receive such a notice for an IME from your insurer or from workers' compensation, e.g. L&I, please notify us at once. Do not schedule or attend an IME without first consulting us. Typically we may elect to send a nurse to accompany you to observe and tape record the IME. We may also instruct you not to attend an IME.

It is not advisable to give a recorded statement to an insurance claims adjuster or any investigator following an accident of any type. Do not speak to your employer's investigator or anyone from your own insurance company without first consulting an attorney beforehand!!!!!!!!!!!
ANALYSIS OF YOUR CASE
After our investigation is complete and we receive a final report from your physician, an evaluation of your claim is the next step. Often, we will research relevant points of law and may consult with experts to assess the strengths of your case and its value.

Only when your medical condition has stabilized will we be in a position to fully evaluate your claim. Until then, please be patient. Please be sure to provide us with all information as your case is proceeding. Keep track of all mileage to and from all medical appointments and all other out of pocket expenses. Please remember to keep a diary of all the changes and problems, both medically and wage loss, which you have experienced and which have adversely affected you at work, home and recreationally. Typically we will submit a "settlement demand" to the insurance company. This is a brochure or notebook package of relevant photographs, medical records and bills, wage loss verification, a discussion of analysis of your claim, and an evaluation of your damages/injuries. We will then "demand" an amount in settlement.

The settlement demand will only be submitted after we have explained our evaluation and recommendations to you, and you have authorized us to send it and to settle the case for a certain amount. We will not settle without it. The final decision as to whether or not to accept or reject a settlement offer is yours. Remember, we work for you! We will recommend to you whether you should or should not file suit or settle the claim based upon the settlement offers and the final negotiation position of all parties. My advice to you will be based upon my experience, actual jury verdicts and arbitration awards in other similar cases as yours.