Decisive Action is Key in Proving Negligence

Here at Croskery Law Offices, we have a team who handles serious personal injury cases. Rob Croskery has very extensive experience in jury trials and he tries the case if it cannot be settled prior to trial. Melinda Knisley manages the case as it proceeds through the claims process and the stages of litigation up to trial. Our paralegal manages the process of obtaining and organizing and valuing the medical records expenses. Both Rob and Melinda have siblings and other close relatives who are doctors in various areas, who we are able to consult free of charge to our clients. We also have a professional relationship with a consultant who has a PhD in Nursing, who is able to help consult on our cases to make sure that we thoroughly understand all of the medical issues.

If you have been seriously injured due to the fault or negligence of another, please CALL US for a free consulation about your legal rights and what to expect.

Steps to take after an accident

First, GET TO A PLACE OF SAFETY. Second, act to insure that proper medical attention is on the scene for anyone who needs it. Third, insure that someone has called the police. While you should exchange license numbers, addresses, and insurance companies with other parties at an auto accident, do not make statements or admissions to persons on the scene, except for factually answering the lawful questions of police officers.

Try to immediately preserve evidence through taking pictures at the scene. Try to do it as soon thereafter as possible. You want general views of the scene, skid marks, documentation of damages. If you are unable to do so, try to have this done by a friend. Such evidence is worth much more if taken immediately than it will be if taken afterwards. Save each and every piece of paperwork and document connected with the accident. If the injury has been severe, you may need an attorney willing to make a home or a hospital visit (we are, if it is in our area).

If you dont already have an attorney, follow some common sense steps to selecting one. Find someone you are comfortable with. Ask them about their experience with cases similar to own. Ask them if you may talk to some of their current or former clients.

Once you have selected and retained an attorney, talk to him or her immediately about the injury. (If you are having trouble finding one, you might consider calling your local bar association for a referral.) A prominent insurance company has stated, in its claims adjuster handbook, that victims receive, on average, three times as much in compensation when they are represented by counsel. Therefore, DO NOT BE SURPRISED if a claims adjuster from an insurance company calls you up and attempts to dissuade you from getting representation. (This may be subtle, and may even be phrased to make you believe that the adjuster has your best interest at heart and wants to “work for you”.) Your attorney will go over the facts and the law with you and advocate for your interests, just as the claims adjuster (in consultation with the insurance company’s legal staff, in all probability) is working for the insurance company’s interest--WHICH IS TO GET OUT OF THE CLAIM AT THE LOWEST POSSIBLE COST TO THE INSURANCE COMPANY.

The earlier you involve the attorney, the better, as your representation can be consistent and thorough. Factors such as the disappearance of evidence, the expiration of statutes of limitations, and the fading memories of witnesses may all work against your receiving a full and fair recovery unless you act promptly.

IN OUR PRACTICE, we have represented accident victims in negotiations with large insurance companies that represented the other party. Occasionally, it has even been necessary to represent accident victims against their OWN insurance companies--when uninsured motorists are involved, for example, and the company chooses to offer only a fraction of the true value of the injuries.

In one prominent case, it was possible to SET ASIDE an agreement that one of my clients had been buffaloed into taking by a skilled claims adjuster, and settle the case for an amount SIX TIMES HIGHER. However, the amount might have been higher (and fairer) yet had it not been for the initial delay in involving counsel. Therefore, we encourage you: don’t delay, call your lawyer today!

If you would like to discuss a personal injury that you or a loved one has incurred, call us at (513) 232-5297.