CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Trial Lawyers Since 1947

Consumer Tips

1. CHOOSE YOUR ATTORNEY CAREFULLY

You may wish to consult more than one attorney. Some things one can do are: make sure the attorney has handled similar cases, check with both your local state bar associations to see if he or she has not been disciplined by the Bar Association, ask other attorneys for references, and ask friends or relatives for legal references.

If you do not know an attorney, contact the American Association for Justice for a referral. Ask them for references, and interview each attorney referred to you to see how long they have been in practice and how many cases the attorney has handled in your area of need.

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2. SEE AN ATTORNEY AS SOON AS POSSIBLE

The statute of limitations (the time in which one may bring a lawsuit) varies from every state, the type of lawsuit, the type of injuries and who is being sued. Therefore, it is imperative that competent legal counsel be consulted as soon as possible.

For example, if your suit is against a governmental entity, you may have to file a claim within a very limited time. This time can vary from governmental entity to governmental entity.

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3. KEEP A DIARY OF ALL YOUR INJURIES AND LOSSES

Be accurate. Neither exaggerate nor understate your injuries. If you go to a medical doctor or other professional, keep track of the professional's name, date of appointment, cost, who paid for it, and type of treatment you received.

Write down and describe the pain you may be experiencing and in which activities you can no longer participate. These may include lost work, inability to take part in hobbies, inability to participate in marital activities, and other events that are now difficult but which you were able to do with ease and enjoy before your injury.

Other injuries include, but are not limited to:

  • Mental pain and suffering
  • Nightmares
  • Limitation in performing household and other chores
  • Physical discomfort
  • Depression
  • Loss of sleep

Keep track of these on a daily basis. Ask friends and relatives if they notice any change in your behavior, because sometimes you may not notice subtle changes.

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4. IF YOU ARE IN AN AUTOMOBILE ACCIDENT OR COLLISION , BE SURE YOU FILE ALL NECESSARY PAPERS WITH YOUR STATE DEPARTMENT OF MOTOR VEHICLES.

These requirements can vary from state to state. You should check with your motor vehicle department immediately to obtain and file the paperwork required concerning automobile accidents.

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5. KEEP A COMPLETE RECORD

If you are involved in an automobile crash , make sure a collision report is filed. If you are injured in a slip and fall on commercial property, file a report with the property owner or manager. If a faulty product injures you and you see a doctor, be sure the injury type and cause are listed in your medical records. If you suffer business losses, keep accurate and complete records of your lost business opportunity.

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6. DO NOT MAKE ANY STATEMENTS REGARDING YOUR FAULT OR EXTENT OF INJURIES

Such emotion driven statements may be unreasonable and could be regretted later. For example, a jury may decide that you were at fault only a limited amount, such as 20 percent. This is called comparative fault. If you are in a "comparative fault" jurisdiction, a statement you make admitting fault can be used against you, even when you were not the primary cause of a collision.

Likewise, immediately after an accident, you may not realize the extent of your injuries. For example, you may require arthroscopic surgery after a knee injury or long-term care after other trauma, which may not become clear until weeks or months following an accident, and only after a qualified medical professional examines you.

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Firm Info

There are actions consumers can take to help themselves.

First, choose your attorney carefully.

Second, see an attorney as soon as possible.

Third, keep a diary of all your injuries and losses.

Fourth, if you are in an automobile accident or collision, be sure you file all necessary papers with your state department of motor vehicles.

Fifth, keep a complete record.

Sixth, do not make any statements regarding your fault or extent of injuries.

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