How do you handle accident cases?

• At Larry King, an experienced team headed by an attorney handles each case. This may include paralegals, legal secretaries, investigators, experts or several attorneys. We are available to assist most of the time, clients’ only need to call, e-mail or schedule an appointment. Most questions can be answered during regular office hours. If an emergency occurs, we have an after hours hotline, or can be reached at our virtual law office for secure client access.

Can you tell if I have a claim after my first visit?

• Sometimes, but knowledge and preparation are the keys to evaluating any case. This requires  investigation of the facts and circumstances involved in your accident. This is an ongoing process. It is important that you give us as much information as possible   We want to know everything that affects your case. You should initially provide us with a complete statement regarding the facts and circumstances of your accident, including your injuries and medical treatment. We will need the names, addresses, and telephone numbers of all persons involved. This may include potential defendants, witnesses, police officers, health care providers, insurance companies, or any other person or agency that can provide information. Usually a private investigator may gather additional information such as statements, photographs, and documents. Once we have sufficient  information, we will assess the merits of your case.

How often should I stay in contact with you?

• Please call us anytime you have a question or need help. Be sure to contact us at a minimum of once per month. Keep us informed of your health status and of any matter about your case.

I was in an accident, will I get compensation?

• The mere happening of an accident or the fact that you have been injured is not sufficient to entitle you to compensation for your injuries. You must prove that a person breached a legal duty to you, and that your injuries were a direct result of their conduct.

What is liability?

• Liability means that that someone breached a legal duty to you and is legally responsible for your injuries. This may involve legal allegations of negligence, intentional torts, implied warranty, or strict liability. This will also include evaluation of possible legal defenses such as contributory negligence and assumption of risk. A professional assessment must be made of all available facts as it relates to applicable laws. Until a case is resolved and as an investigation continues, liability evaluation is a continuing process. Conclusions regarding the defendant’s responsibility may change as more information is received.

What are damages?

• In additional to proving that someone breached a legal duty to you, you must prove that there is a direct connection between the accident and the injuries sustained. Legal damages consist of injury to person or property. Damages may include actual and projected medical charges, loss earnings, psychological injury, permanent disability, economic loss, and pain and suffering. Injuries  include new injuries or aggravation of pre-existing injuries. Your treating doctor(s) must be able to clearly testify with a reasonable degree of medical certainty that your injuries were caused by the accident .

Why can’t I trust the insurance companies?

• Insurance companies are businesses and depend on their bottom line. Each personal injury victim is a potential expense to them. Their interests are fundamentally at odds with accident victims. Moreover, some insurance companies spend millions of dollars and clever marketing schemes trying to convince the public that they do not need the professional advice of an attorney. Remember that the defendant’s insurance company, lawyers and investigators will diligently work to counter your claim. During their investigation, it is possible that they will attempt to contact you through various (and sometimes devious) methods. You should refrain always from discussing this matter with anyone, including your employer, your relatives, your neighbors, and even your friends. Insurance companies are businesses that try to minimize their expenses.  Your claim is their expense, and they are not charitable organizations. They can be very difficult and sometimes unscrupulous when it comes to evaluating and honoring a claim.

What should I do about my injuries?

• Give careful attention to your injuries. You may not initially appreciate the severity of your injuries. You may fully recover or be permanently disabled. Do what is required to reach maximum medical improvement. Follow your doctors' instructions. Clearly, explain the difficulties you are having. Be sure to keep all appointments. Tell the doctor everything about all pain, discomfort, symptoms, and problems. Before any doctors visit, mentally review your body from head to toe and note any problems.  Write these problems down in your diary, and specifically tell your doctors.

What is the value of my case, and am I guaranteed a recovery?

• There are never any guarantees in life or in accident cases. As your case develops, we will try to project what would be a fair settlement. We will always try to get the best possible settlement for you. There is, however, always the risk that your case will result in no recovery. This is true even if everything is done to promote your interest. The reason for this is quite simple. The judicial process is not perfect and is subject to the same shortcomings and infirmities inherent in all human endeavors and decision-making. Evidence and facts presented at trial may differ with your expectations. Judges or juries can make mistakes, errors, incorrect decisions, or simply differ with your interpretation or opinion regarding the law, evidence, facts, circumstances, or other aspects of your case. This unfortunately adds an element of risk to all legal matters. Notwithstanding, we believe that the optimum value of any case is dependent upon sound preparation and information. Once we complete our investigation, we can better estimate the possible extent of the defendant’s liability. Be assured we will always work to optimize the value of your case consistent with our professional judgment.

What is the process of negotiating with the insurance company?

• When we have determined the relative merits of your claim and the extent of your injuries, both physical and monetary, we will attempt to reach a negotiated settlement. Usually, this involves discussions with insurance adjusters. We begin this by sending them a document called a Demand letter. Essentially, this involves a summary of your medical bills, lost wages, reports from doctors, and a demand that they compensate you for your injuries. We will give them several weeks to review our demand and await their offer of settlement. This process may or may not be productive. The success of this procedure varies with each case and the insurance company involved. The bottom line is money. The insurance company wants to pay as little as possible, and we want the most we can obtain. Remember, a negotiated settlement is possible anytime the parties can agree, even during the trial. If the insurance company fails to offer a fair settlement, we will file suit. Again, this procedure can vary from case to case.

What is a lawsuit, and how much should I sue for?

• If we are unable to resolve your case through negotiations, and we believe further action is justified, we will bring a lawsuit in your behalf. A civil law suit begins when a document called a Motion for Judgment is filed in a Court. This document states the particulars of your claim. It includes a description of the parties, a statement of the essential facts of your claim, the nature of your injuries, the legal theories of liability, and a request that the defendants pay you damages  The defendant is then given an opportunity to file a response called an Answer and Grounds of Defense.  The defendant might deny he did anything legally wrong, that you were not hurt from the accident, or assert certain defenses such as contributory negligence.

What is discovery?

• Discovery is the legal means by which the parties obtain information from each other. The parties are generally entitled to all information not legally privileged that is designed to lead to relevant evidence.  Discovery can be relatively simple or quite complex. Discovery rights can be restricted if deemed by the court to be abusive, burdensome, or oppressive. The process of discovery can take many months or longer in complicated cases. Your patience may be sorely tried during this time.  We believe clients with knowledge of these procedures have a much greater tolerance for the slowly turning wheels of justice.

What is a Subpoena Duces Tecum?

• This method allows parties to subpoena relevant documents and items from others. Such information may include medical records, financial records, or police reports.

What are Interrogatories?

• Interrogatories allow parties to ask written questions of other parties. The number of questions is limited. You will be required to answer the defendant’s interrogatories accurately within 21 days from receipt. Likewise, the defendant will likewise be required to promptly answer our written questions. This will often the first opportunity to obtain the defendant’s version of the accident.

What are Depositions?

• This method allows the direct questioning, under oath before a court reporter of parties or witnesses. This is a very important part of your case.

What is a trial?

• If your case cannot be fairly settled, your alternative is a trial. Trials are formal proceedings conducted in a court and  designed to reach a decision based upon the facts and applicable law. During a trial, the parties involved attempt to persuade the court or jury (trier of fact) of the validity of their position by presenting evidence, and legal and factual viewpoints. Evidence may include witnesses, documents, reports and exhibits. If a jury is the trier of fact, the judge conducts the proceedings and determines issues of applicable law and the admissibility of evidence. The plaintiff in all civil cases has the burden to persuade the trier of fact on the issues of liability and the amount of damages. If a jury is not persuaded, they dismiss the case. If a jury is convinced, then they award damages they consider appropriate. A judge, under appropriate circumstances, may  take the case from the jury and enter judgment  for or against the plaintiff or defendant.  Parties may decide to appeal their case to an appellate court. This is a simple overview of a complex process.  We will explain the process to you in more detail as your case evolves.

How will my case be scheduled for trial?

• After discovery is completed, a request will be made to set your case for trial.  The attorneys and court will try to agree on a specific trial date. The court will first decide what dates are available and then the attorneys will check their calendar for no conflicting dates, which they will be available. Remember, courts are responsible for thousands of cases. The court generally schedules more than one case on a given date. The reason for this is that it is the court’s experience that many cases are settled before trial, thus enabling another case to be tried.  For example, your case may be in second place for a given date. If the first place case is settled then your case becomes the first to be tried.  If not, your case would be would be rescheduled. Experience shows that this method creates the least amount of inconvenience.

How long will it take to resolve my claim?

• We will proceed with your case consistent with your best interest. The duration of your case depends largely on the nature and course of your medical treatment. We will not settle your case until we are reasonably certain of the full nature and extent of your medical condition. Once this becomes apparent, we will attempt to negotiate your claim. If negotiations are unproductive, we will pursue litigation. In either case, our goal is to obtain the optimum results consistent with the merits of your case.

Should I keep any records?

• Yes. You should keep a system for recording the expenses incurred with your claim. Medical expenses are a significant part of your lawsuit, so it is important that you keep good records. We will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc. From time to time, however, there will be expenses incurred that you must keep track of yourself.  We are providing you with an expense diary to help you. You should try to be accurate. Keep all bills, receipts, and canceled checks.