In our 22 years of experience, we have found that injured individuals and their families ask very similar questions in their process of deciding "if, where, when, who and how to proceed" to file a claim for compensation. The following list is a few of those frequently asked questions with general answers. Each case is unique and presents individual facts and circumstances. Thus, for your specific case you will need to get specific answers to the following topics.

1. Do You Need An Attorney?
2. Should You See A Doctor?
3. What Evidence Of Injury Is Necessary?
4. What Should You Do About The Insurance Companies Involved?
5. How Much Is Your Claim Worth?
6. Is Your Case Confidential?
7. How Do You Hire Our Firm?
8. How Long Will Your Case Take?
9. How Long Will It Take To Settle Your Claim?
10. Is It Ethical, Legal Or Moral To Sue?

1. Do You Need An Attorney?

The legal and insurance systems involved in personal injury claims are complex and confusing, even for people who work with those systems every day. It is not only important how your claim is handled, but it is equally important when your claim is made. Very short statutes of limitations may apply to your situation that could bar your claim forever.

Mistakenly assuming that the prospective defendant, insurers or medical providers are looking out for your legal rights can be extremely risky. In addition, a personal injury may create other legal problems for you, from employment concerns to debt collection issues.

As you will see, working with a caring and capable personal injury attorney to evaluate your claim and guide you through the damage recovery process can provide peace of mind and valuable information with which to make informed and sensible decisions during very trying times.

It is important to note that on the opposite side of your potential claim, the individual who is responsible to compensate you for your injuries will most assuredly have legal representation. Whether an individual or their insurance company, the person at fault will have access to expert defense lawyers to represent their interests.

2. Should You See A Doctor?

Many of our clients have already undergone extensive medical evaluations and treatment by the time they call our office. However, if for whatever reason you have not sought medical treatment for your injuries, we provide the following general advice.

If you believe that you have medical problems or symptoms related to an accident or incident, call and / or go to a doctor immediately. It is of course a medical decision as to your diagnosis, course of treatment and the medical condition’s relationship to the accident or incident of your injury. You should follow the advice of the doctor and any medical direction you receive. It is very important to form a good relationship with your doctor at an early date to foster your recovery and to ensure that your medical advisors understand how your medical problems relate to the accident / incident.

Please note that you should see a doctor for the purpose of getting medical treatment, not for the purpose of advancing a claim. Specific discussions of your injuries and your medical treatment should be within the confidential relationship of attorney and client. If you have any questions about your treatment, I am available to discuss such matters in confidence, for such decisions may well affect your case.

3. What Evidence Of Injury Is Necessary?

As soon as possible after your accident, you should photograph with a 35mm camera (not a Polaroid) all cuts, bruises and broken bones. Also photograph from all angles the damage done to your automobile or other property. It is also helpful if you can provide me the names, addresses and phone numbers of witnesses to your accident. We have photographers and / or investigators who can perform this task as part of the evaluation and investigation of your claim.

You will need to keep accurate records of your out of pocket losses, including medical bills and lost wages. Later on, the insurance company will demand documentation of all medical treatment, billings and lost income.

4. What Should You Do About The Insurance Companies Involved?

Proceed very carefully. As soon as your own car insurance company and the car insurance company of the person who caused the accident are notified of the accident, each of them will want information for different reasons. Consult with us before submitting to any recorded statement by an insurance adjuster or investigator, even if the other person’s liability seems obvious. Once again, do not assume that the insurance companies are looking out for your best interests – they are not.

Keep in mind that you are required to notify your own car insurance company of the accident, and to cooperate with them to obtain certain medical and wage loss benefits. As your attorney, I will help you obtain such benefits if they apply with no cost or fee involved.

Since you own insurance company will want to interview you to determine eligibility for benefits, it is very important to consult with me beforehand and to ensure that the interview is conducted in my presence. Equally important, I will provide the experience needed to settle or litigate your claim as appropriate.

5. How Much Is Your Claim Worth?

This is a very complex question and requires information relative to the extent of your injuries, the facts of injury, the identity of the potential defendant and the available insurance limits. Every case is unique and to evaluate the value of the claim will take some time and work.

What is important is that case evaluation be done thoroughly, professionally and at a point in time when your doctor can predict the nature and extent of your injury and percentage of recovery.

We take pride in the thoroughness of our case evaluation process. On larger, more complex cases we endeavor to obtain evaluations from expert medical doctors, vocational rehabilitation specialists and financial experts the exact extent and total of your damages. Only after completing this process can I make a realistic valuation estimate and enter into settlement negotiations with the responsible party.

6. Is Your Case Confidential?

To ensure that clients and their attorneys can speak freely about any legal matter, the law protects the confidentiality of attorney-client communications. Whatever you tell me remains with me and I am under a strict legal duty not to divulge information to anyone without your consent.

Beyond this legal duty, I also work hard to create a working relationship with clients that fosters open communications. I am always willing to discuss your questions by phone or to schedule an appointment with you. Under no circumstances should you feel that you cannot or should not discuss a concern with me.

7. How Do You Hire Our Firm?

We prefer to meet personally with potential clients to discuss the facts of their claim and make a preliminary evaluation. This meeting usually follows a short phone call to initially discuss the case with a paralegal who will ask general questions about your potential claim.

Just call me to schedule this initial meeting, which typically will take less than one hour. There is no charge for the meeting, even if the case is not one I recommend that you pursue. If I am unable to handle your claim, I will endeavor to refer you to another qualified attorney.

If I do recommend further investigation or legal action, I will ask you to read and sign several medical releases which will allow our firm to gather all relevant medical records and a written contingent fee agreement. This will allow us to proceed to investigate and evaluate your claim. (See the discussion of "What Our Services Cost" under the services page of this site)

In summary, if you feel that you may have a claim, however small, you should have the matter initially reviewed by legal counsel as soon as possible. By obtaining professional evaluation, you can be assured that whether you decide to pursue the case or not, your decision will be well informed.

8. How Long Will Your Case Take?

Cases may settle after a few months without need for a trial or arbitration. Depending on the extent of your injuries and the course of medical treatment, the claim can take months or years to complete. Each case is different and unique. However, no settlement should be completed without careful consideration of future risk. We do not recommend the settlement of any case until all injuries have stabilized with all losses and risk fully assessed.

9. How Long Will It Take To Settle Your Claim?

There's no definite time when a case ought to be settled. All depends on your unique circumstances. In all matters, however, I will regularly inform you of progress toward settlement and I will diligently manage your case to eliminate unnecessary delays.

10. Is It Ethical, Legal Or Moral To Sue?

We are asked this question by many members of this state and community, in their process of deciding whether or not to file a legitimate claim for compensation. It is not an unusual question or an unusual topic of discussion. We are willing to discuss this topic in private and within the confidential relationship of attorney and client.

It always comes down to an individual decision. However, we recommend that this be an informed decision. A decision should be based on an evaluation of all the facts, parties and available insurance coverage in your unique circumstances.

In summary, we all pay insurance premiums to leverage our risk of loss. Our society utilizes insurance coverage to allow injured people to receive full and fair compensation for legitimate injuries. Insurance coverage is how our modern and civilized society attempts to hold and make accountable a wrongdoer – without financially devastating the wrongdoer.

11. Will I Still Be Able To Receive Medical Care And Treatment For My Family And Me If I File A Claim Against A Doctor Or Hospital?

Clients with potential medical malpractice claims often express concern on this subject. The answer is YES. We have represented clients who reside in urban and rural Utah, north to south, east to west. We have never had a client who has filed and settled a malpractice claim be denied access to further medical attention in their area of residence.

Our experience is that many health care providers are very supportive of the victims of unacceptable health care – and are more than willing to be involved in caring for the injured person, on both a long-term and short-term basis.