EXPERIENCE COUNTS IN SERIOUS PERSONAL INJURY, QUADRIPLEGIA & PARAPLEGIA
Let us imagine you are in the worst accident of your life. You are laying in a hospital bed only to have the doctor come in to give you the news your paralysis is permanent. You are too young for this to happen. You simply cannot believe this has happened to you. Uncertainty is all you can think about. You are depressed and get more depressed as the week drags on.
No one is really sure how they would react to such news. As you are lying there you think, “What difference does it make. My life is over.”
THIS REALLY IS THE WRONG WAY TO THINK
At that point, how you react may seem like it does not matter, but it really does matter. What you do today matters more now than it ever will in the future. And that is true because how the rest of your life unfolds depends on the choices you make today.
And this is true because, the amount of compensation you receive to pay for your future care may very well hinge on what you decide today while lying in a hospital bed.
ONLY SERIOUS PERSONAL INJURY CLAIMS
While lying in a hospital bed it is somewhat tough to understand just how complicated your legal claims may be to present; but no matter how complex, every part of your claim may count for something.
SO, WHAT SHOULD YOU DO FIRST?
First and foremost, think about how your accident happened and that while you are lying in bed unable to investigate the accident, someone has to do it. Because while I agree you cannot, there is some insurance adjuster who is busy “adjusting” the property damage claim.
WHICH CLAIMS EXIST?
No one, including lawyers, know which claims you have until the investigation is complete. You may have a negligence claim against a driver, maybe more than one driver.
- You may have a claim against a bar, the tavern that served a driver to the point of intoxication.
- You may have a claim against General Motor, or Ford, Chevrolet, Pontiac or any of the car manufactures.
- You may have a claim against Takata for a faulty airbag.
- Your claim may not even involve a car or truck.
- The claim may involve an ATV or a bicycle accident.
- It may be from a pedestrian accident.
- Or a diving or falling accident.
- It could be a sport injury.
THE POINT IS UNTIL THE ACCIDENT IS INVESTIGATED NO ONE KNOWS THE ANSWERS
Your claims have to first be investigated before any lawyer can possibly know which legal claims exist, who has insurance coverage, if you have more than one insurance claim or if you have any legal claim.
ONE THING IS CERTAINLY CLEAR
While you lie in a hospital bed, some insurance adjuster is settling the property damage claim and will soon scrap or junk or fix the damage to one or more of the vehicles involved in the collision. The same collision that made you a quadriplegic or paraplegic. If your injury was as a result of a fall or trip and fall, then someone is or may have already made alterations to the property to protect other people from your same fate. You get my point about evidence being altered, destroyed and eliminated.
THE BURDEN OF PROOF IS ON THE INJURED PERSON
No matter how serious your injuries, the burden of proof remains on you to prove what went wrong, how it went wrong and who was at fault. That burden never shifts from your side of the table.
CAN ANY LAWYER HANDLE THESE SERIOUS INJURY CLAIMS?
The answer is a resounding “NO”. The lawyer needs experience and enough money to be able to hire the right experts. To be able to properly handle the quadriplegia or paraplegia cases you lawyer will need to understand the complexities of both liability and damages.
CAN YOU GIVE US AN EXAMPLE?
Yes, here is an example what your lawyer will need to understand AND TO AFFORD TO HIRE.
- Liability decisions will include:
- who to sue,
- when to sue,
- and what to sue them for.
LIABILITY WITNESSES WILL LIKELY INCLUDE
- Iowa State Troopers who performed the Technical Investigation
- Accident Reconstruction Expert
- A Human Factor’s Engineer
- Mechanical Engineer
- Mine Safety Expert
- Work Place Safety Expert
DAMAGES AND CALCULATING DAMAGES ALONG WITH EXPERTS
We will need economists and life care planners along with medical experts to estimate future medical needs - which are significant.
LOMBARDI LAW FIRM HAS REPRESENTED CLIENTS WHO ARE QUADRIPLEGIC’S
Here is our partial list of the experts needed to prove these cases.
- Psychologist and/or Psychiatrist
- Hospital Administrator
- Home Health Care Worker
- Physical Therapist
- Family doctor to prove up life-expectancy
- Life Care Planner to estimate the future needs and costs of each service.
- Economists to show loss of earning capacity and accumulated earnings.
- Vocational Evaluator (Masters Level)
POST-SETTLEMENT LEGAL SUPPORT
- Medicare-Set-aside Fund and Administrator to cover Medicare’s future liability
- Conservatorship to help manage your funds
- Investment Counselor which may include someone from the Denver Private Funds Advisors at Schwab
LIENS AND SUBROGATION ARE HEAVY BURDEN
We handle and negotiate with Medicare, Medicaid, Blue Cross Blue Shield, Health Insurance, Auto Insurers, Disability Insurance, and Social Security Disability Administration
BOTTOM LINE – THESE CASES ARE NOT ONES TO LEARN THE ROPES
And the last thing is money. Make sure the firm can afford to pay all litigation expenses. Young lawyers can be really excited about your case, but with no money you might as well get ready to lose or to settle for a tenth of what your case is really worth. We handle a lot of referral work for young lawyers and for lawyers who do not do a lot of personal injury work. I do not mind referral work.
CALL THE LOMBARDI LAW FIRM
If we can help you with your case, call us. We investigate to gather and to preserve the evidence to support the highest awards in personal injury and workers’ compensation cases. We handle all types of personal injury and do not charge just for you to talk with us about your case. So, call now.
ADDITIONAL BLOGS YOU SHOULD READ
- Must I Exchange Patient Waivers When In A Lawsuit?
- Pedestrian Accidents & Injuries Blog | Lombardi Law Firm
For Direction with Recorded Statements, read:
- The 5 Big Recorded Statement Mistakes | Lombardi Law Firm
- Do You Have To Give Statement To Insurance Adjuster? | Lombardi
- Should I give a recorded statement? | Lombardi Law Firm
- The Adjuster Recorded Statement in a Single-Vehicle Crash
- When should you give a recorded statement to the adjuster?
- How to prepare for your recorded statement. | Lombardi Law Firm
- How to prepare for the recorded statement. | Lombardi Law Firm
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