Construction Injury Lawyer

The time it takes to resolve a personal injury claim depends very much on the type of case. We believe that it is important to prosecute claims as quickly and efficiently as possible. We usually like to have our client finish with their medical treatment so that we can fully and properly evaluate their injuries before we attempt to settle the claim. Sometimes we can assist a client with making advances to cover lost wages or living expenses while the client is waiting for the case to be resolved. Typically, automobile accident cases with fairly minor injuries can be resolved in about six months. More serious accident cases usually take anywhere from six months up to a year and a half or longer.

You always have the right to fire your attorney; however, if you have signed a contract with that attorney, you may have to pay that attorney a fee. The answer to that question is very fact-specific, because one of the considerations as to whether you owe the first attorney a fee is whether you have “good cause” for firing that attorney.

What we recommend is, if you are unhappy with your current attorney, try to communicate that to them first. Let them know why you are unhappy so that they have a chance to remedy the problem. If you cannot get in contact with your attorney, or if they are unable or unwilling to remedy the problem, then your next step would be to consult another personal injury attorney. The new attorney can advise you about your contract with the first attorney. If you have “good cause” for firing the first attorney, and you have made an unsuccessful, good-faith effort to resolve the problems with the first attorney, then your new attorney will likely be able to resolve any claims from the first attorney. Such a resolution typically involves the old attorney and the new attorney dividing the contingency fee between themselves so that you do not have to pay double fees.

Potential defendants are usually covered by insurance. The insurance companies are notified immediately when an accident occurs, and they usually hire attorneys and expert witnesses to investigate the claim. It is important that witnesses be interviewed as soon as possible and evidence be preserved. Witnesses will often be more difficult to locate or will have a poor memory if they are interviewed much later after the accident has occurred. Evidence such as machinery parts or skid marks on the highway will disappear unless preserved quickly. Insurance companies have insurance adjusters who will contact you and try to be friendly. You should not trust the statements that insurance adjusters make to you. They are not working for you and will sometimes make misleading statements in an effort to trick you into resolving your case. Insurance adjusters also might record your conversations with them and use your statements against you in order to try to save money for the insurance companies.

The main thing we try to impress upon people is that it’s never too early to talk to an attorney, and it’s always too late. By that we mean that speaking with an attorney very soon after a crash or other accident in no way will harm you. Along the same lines, the longer you try to handle a claim on your own or delay hiring competent counsel, irreparable damage can be done in the form of recorded statements given to the insurance companies and evidence not being preserved. There is no risk or fee for speaking with an attorney and arranging an initial consultation.

If your employer truly does carry workers comp insurance at the time of your injury, then you are barred from suing your employer; you must go through the Workers Compensation Commission to recover damages for your injuries. However, we have had dozens or more clients come to us under the impression that their employer carried work comp insurance, and when we checked it, the employer in fact did not. The only way to be sure is to seek the counsel of a personal injury attorney. At Glasheen, Valles & Inderman, we will perform this check for free before a contract is ever signed.

Even if your employer does carry workers compensation insurance, you might still have what is called a third-party claim. This refers to if your injury was caused by a person or company other than your employer or a co-worker. This is especially common in oil field cases where there may be three, four, or more different companies represented at a drilling site. In these cases, the fact that your employer carries work comp does not affect your claim against third parties, and seeking the services of a personal injury attorney is highly advised.

Whether a case goes to trial depends on dozens of factors, including your damages, the amount of insurance available, and the circumstances of the case. However, generally speaking, approximately 98% of personal injury cases settle without going to trial.