However, when it comes to your insurer, you may have a duty under your policy to notify them of the crash, and provide certain information to help them prepare for a potential claim. Although you may need to communicate with your insurance company, be careful of what information you provide

Your Insurer is Not Your Advocate

When it comes to claims involving injuries, insurance companies do not advocate for — or serve — their policy holders … in this case, you. Their goal is to limit the company’s liability and compensation they pay on a claim.

To accomplish that goal, insurers leverage their conversations with you, and other parties, to find any basis to deny or limit your monetary compensation. Anything you say to your insurance representative via phone, email, or message is information they can use against you.

Do Not Apologize for Anything

It is often people’s nature to become apologetic in stressful situations. Refrain from saying “sorry” or apologizing to the insurance representative regarding information about who was at fault in the crash. The insurer can use this as your admission of guilt for the accident.

Do Not Tell Them What You Think Occurred

Another common mistake many accident victims make (when speaking to insurers) is wanting to hypothesize and go over how they believe the accident happened. Although you may feel that your version of the events clearly shows the other parties’ fault, remember other witnesses or facts may paint a different picture.

An experienced insurer may take speculative statements you offer — trying to be helpful — and use that to flip the blame onto you for the accident, or your injuries. Do not respond to the insurer’s questioning, and refuse a recording of your conversation unless you have the advice of legal counsel.

Do NOT Say You Are “Feeling Fine” or “Doing OK”

The insurer will ask how you feel or how you are doing in an initial conversation with you, post-crash. These are not mere pleasantries or small talk, but gauge the seriousness of your car accident injuries. (And try gaining insight into the consequences of the accident and your recovery.)

Do not make any statements about your physical, mental, or emotional state to the insurance company until you are certain what your condition and treatment needs are. Usually this will be long after the crash.

NEVER Admit the Accident Was Your Fault

Motor vehicle accidents are often highly emotional and traumatic experiences. There may be severe injuries, destruction of vehicles and property, or fatalities. People may feel guilty about the events and question what they did wrong. While you may think you were at fault, an investigation might reveal that other forces at play caused the accident.

You should be hesitant to admit fault — unless and until it is clear there were no other contributing factors. If evidence ultimately shows you are not to blame, you cannot easily undo your previous admissions to an insurance representative.

It is the insurer’s responsibility, or another party claiming you are at fault, to look at the evidence available and determine fault after a crash. Of course, do not be dishonest with your insurer if, indeed, a crash was your fault.

Do Not Divulge Details on Your Injuries or Recovery

The insurance company will ask about your injuries and diagnosis, especially in cases where you went to the emergency room after the accident. If they pressure you to answer, reply that you are still receiving treatment and are currently unable to provide additional information.

While you may think that explaining the extent of your injuries helps your case, you may inadvertently cause complications and delays, or give information that limits the value of your claim before all the information is available.

Do Not Give Them Any Information Beyond the Basics

It’s difficult to navigate a conversation with your insurer without falling into their attempt to gather additional information about your case. Stick to the facts, what you know, and the accident’s basic information.

If you find your conversation veering off into uncertain topics, redirect the conversation however you can to the facts. The only information your insurer truly needs is the date of the accident, your name, and your contact information.

Refer the Insurer to Your Attorney; If You Don’t Have One, Hire One

Once you undergo medical treatment for injuries after a crash, your priority is hiring a lawyer. Insurance companies are persistent and may contact you before you can meet with and hire an attorney.

Notify the insurer that you are in the process of obtaining a lawyer to represent you. This statement may lead the insurer to limit questions and give you time to complete your search for the right attorney.

Contact Turner Law if you have been in a motor vehicle accident where you or other parties have suffered injuries. Do not travel this road alone. It could be very costly. Call Turner & Turner today at (248) 355-1727 for your free consultation.

If you have been in an accident and have the ability to photograph (or ask someone else on the scene) the damage caused, don’t waste the opportunity to create a documentary trail that could be crucial evidence in the event you need to litigate.

Virtually every attorney will tell you to document your ideal in full, including keeping a journal and taking photographs throughout your ordeal. Photographs of any sustained injuries throughout various stages of progression (at the accident scene, at the hospital, after the hospital, and intermittently thereafter), including medical equipment you may be required to wear or use (such as sutures, braces, casts, orthopedic walking boots, bandages, etc.) can be helpful in establishing the validity and extent of your claim. These elements help bolster your claim and provide documented proof of your injury, and your subsequent pain and suffering.

Especially helpful are photographs of your damaged automobile or motorcycle because they will clearly show the type of damage and its extent to your vehicle as well as the violent forces your body was subjected to in the collision. Photographs of the accident scene and of the other party’s damaged car or truck (including its license plates), can also be quite valuable to your claim.

Give all copies of these photographs to the attorneys at Turner & Turner. Your photos, which we can present as exhibits to any liable parties, including insurance companies and other responsible parties to any subsequent lawsuit, will help in presenting a clearer understanding of the situation you have endured in its entirety.

If litigation becomes necessary, those photographs will help a mediator better understand the value of your claim; and, beyond that, your photographs can be used by a judge or jury to help bolster your case so an accurate decision and amount of compensation can be rendered.

BACKUP and MAKE COPIES

Any documentation, including photos taken and stored on your phone, should be backed up to ensure nothing gets lost. Apps like Google Photos and Apple Photos can be configured to automatically sync your phone and store a copy of photos in a cloud storage site.

Similarly, any memorializing you do, like keeping a journal and recounting the accident, or documenting your injuries and the process of healing, should be backed up. If it is electronic, store copies on a peripheral device like a thumb drive. Make a third backup onto a cloud server. Don’t rely on the storage of one source (your phone, computer, etc.), because accidents happen. Things break and items can get lost. Being redundant with your evidence ensures its availability.

Call Turner Law today and learn how we can help you receive compensation for an injury sustained due to negligence, recklessness, or another fault beyond your control, but not the person or entity where your injury occurred.

Call Turner today at (248) 355-1727.

At Turner Law, we want our clients to focus on getting better and rebuilding their lives while we handle legal issues and insurance companies. And while no victim is expected to litigate their own case, a few simple steps can go a long way in helping build a strong case.

Here are a few important things to keep in mind that can help your attorney as your personal injury case moves forward:

1. FOLLOW UP WITH YOUR DOCTOR.

Your health and well-being are more important than anything, which is why you should always follow up with your doctor. Keeping consistent with medical care can also have positive effects for your case. Why?

1. Not following up can put your health at risk. Even if you “feel fine” or believe you can tough it out, there may be medical issues you don’t know about that can become emergencies.
2. Not following up with your doctor may provide ammunition to insurance companies that want to argue you were not injured or really hurt in your accident, even if you were.
3. Following up with doctor appointments creates a verifiable record of your injuries, your pain and suffering, and how they affect your life – all important pieces of evidence in your case.

2. LISTEN TO YOUR DOCTOR’S RECOMMENDATIONS AND CONTINUE TREATING.

Just as we advise clients to follow up, we also encourage them to listen to their doctor’s recommendations. There are a few reasons why:

1. Your injuries may not fully heal and you may risk future health problems that do not become apparent until after your personal injury case is resolved.
2. You will not be able to recover compensation for health problems you experience after your case is resolved, even if they are related to your accident (i.e., medical bills, lost income, etc.).
3. Insurance companies may think your injuries have healed or that you are no longer in pain, even if that is not the case, and use that to pay you less.

Medical treatment is important for your health and it can provide evidence about your injuries, pain and suffering, and related losses. Continuing treatment and heeding your doctor’s advice can also limit insurance companies from arguing that because you waited to seek care or stopped treating, you weren’t really injured or seriously hurt, even if you were in pain all along.

This is not just a common tactic used by insurers to limit liability; it is also a lesson about how important documentation and paper trails can be when it comes to supporting your claim.

3. SAVE IMPORTANT RECORDS & DOCUMENTATION.

If you can, collect and preserve as much documentation as possible about your case and keep records in a safe place so you can easily find them.

Important things to save:

• Medical and mental health records related to your injuries.
• A list of doctors and specialists you have seen.
• Letters or e-mails from insurance companies.
• Copies of accident reports or police reports if available.
• Employer notes and documents showing missed work / lost income.
• Photos or videos of an accident scene, property damage, and visible injuries.
• Contact information for all involved parties and witnesses.
• Gathering documentation can be tough for victims who suffer severe injuries or have other important things to address. Our team at Drake Law Firm can help obtain the necessary information needed for your case and ensure it is used appropriately.

4. WRITE DOWN EVERYTHING YOU CAN REMEMBER ABOUT YOUR ACCIDENT.

As soon as possible after your accident, write down everything you can remember about what happened or have someone write it down for you.

Personal injury cases take time to resolve, which can cause us to forget certain details and or have trouble remembering important facts. By writing everything down after your accident, you can record details while they are still fresh and be able to reference them later if needed.

5. DON’T SPEAK TO THE INSURANCE COMPANY.

Insurance companies are not on your side. They represent their own policyholders and their own interests. They employ many tactics to make their case stronger and avoid paying what you deserve. Remember:

1. If the insurance company calls, you can tell them you have a lawyer and give them your attorney’s contact information. You have no obligation to speak with insurance companies.
2. Be wary of settlement offers, especially early in your case when you are still treating and do not yet know the extent of your damages. Insurance companies want to quickly settle claims for less than victims deserve. If you have received an offer, we can help assess whether it is fair.
3. Insurance companies are corporations that put profits over people and they use many tactics to dispute valid claims. This includes getting using your own words against you.

6. DON’T DISCUSS THE DETAILS OF YOUR CASE.

Even good and honest people can find themselves in trouble when their words are misinterpreted or taken out of context. In addition to not speaking with the insurance company, it may be wise to avoid discussing too much about your case with others or posting too much about your case on social media.

It is easy to say something that can be taken out of context and, in some cases, that’s exactly what insurance companies want. To protect your right to compensation, it is best to avoid discussing your case in too much detail.

7. DON’T BE AFRAID TO ASK YOUR ATTORNEY QUESTIONS.

At Turner Law, we want our clients to feel informed about their case and their rights. This is why we tell them to bring any questions they have to our team so we can address them immediately. As a personal injury victim, it’s natural to have questions, so you shouldn’t feel you are inconveniencing your attorney if you do.

If you or someone you love has been injured in a preventable accident, Turner & Turner can explore your options for seeking the financial recovery you deserve. Our award-winning attorneys serve clients across Michigan.

Contact us TODAY to request a FREE case review. Call Turner & Turner at (248) 355-1727.

If you are the victim of negligence caused, either wholly or in part, by a third party, you may be wondering how much compensation you could recover in a personal injury lawsuit. Examples include injuries due to a car accident, medical malpractice, slip and fall, or a defective product, which may allow you to seek damages.

Turner & Turner Law has been in the practice of victim advocacy for more than 40 years and founding partner Lee Turner helped define the best practices of victim advocacy in Michigan’s legal community. To learn more about what Turner & Turner Law can do to help you, schedule a free consultation, call (248) 355-1727, or contact us online today.

FACTORS THAT DETERMINE THE VALUE OF YOUR INJURY CLAIM

If you suffer injuries through no fault of your own, you deserve compensation that will “make you whole.” Every case is unique, with varying facts, but using precedents as a guide, when Turner & Turner accepts a case, we will provide you with an estimated value of your case by looking at the following factors:

• Medical bills and costs – You deserve to be compensated for your past and future medical treatment, including adaptive medical devices, pain management therapies, physical therapy, and transportation to your doctor.
• Lost income – If your injury forces you to miss work, you should be compensated for the wages you were unable to earn. If your injury is permanent, you should receive compensation for 100 percent of your lost wages. If you can only work again in a diminished capacity, then you deserve the difference between what you earned before and after the injury.
• Pain and suffering – Insurance companies sometimes use “pain multipliers.” This means that your actual economic loss is multiplied by a designated number in order to estimate your pain and suffering damages.

Turner & Turner will gather medical records, employment records, and other evidence to establish these damages. We can also consult with medical experts, economists, and other professionals to assess the full extent of past and future losses in your case.

OTHER FACTORS THAT DETERMINE YOUR CLAIM’S VALUE

There are two other factors you need to consider when assessing the value of your case:

Comparative negligence – If you were partially to blame for your accident or injuries, then you may have your damage claim reduced by the percentage of fault that you bear. For example, if you were 20 percent responsible and suffered $100,000 in damages, you would be responsible for covering $20,000 in costs (20 percent of $100,000). The person who hurt you would be responsible for covering 80 percent, or $80,000. Unfortunately, if you are found to be 51 percent or more at fault, you would recover nothing.

Insurance limits – The at-fault party’s insurance coverage usually covers your costs and losses in a personal injury claim. However, insurers will pay only up to the policy limits. For example, if the at-fault party has a $100,000 limit, the insurance company will pay no more than $100,000 – even if a jury awards you $125,000 in damages.

While you could try to pursue a claim against the at-fault party for the excess, most people don’t have that much money. This means you might not be able to collect it at all, or you might have to go through steps such as garnishing the at-fault party’s wages or placing liens on his or her property. These steps can be challenging. This is why settlements tend to be for an amount equal to the at-fault party’s policy limits.

A PERSONAL INJURY ATTORNEY CAN HELP VALUE YOUR CLAIM

Getting sufficient compensation for your injury is essential so you can move on with your life and have the money you need to provide your medical care and pay your other expenses. You don’t want to accept less than you deserve, which means you need to have a clear idea of what your case is worth.

Call Turner & Turner today to discuss your case and set up a free, no obligation consultation with our attorneys today. Call (248) 351-1727.

With the end of the year in sight, Turner Law thought it would be appropriate to go over one of the biggest elements to consider when deciding whether to file legal action when you have been injured — statute of limitations laws.

In all cases, an injured or wronged person has only a limited time in which to file legal action, so if you have a claim you must act quickly or your chance may be lost.

Prior to tort “reforms” in Michigan, these rules were liberally construed and fairly reasonable. Since the Michigan legislature undertook tort reform, and with the blessing of the state Supreme Court, limitations as short as one year have been upheld as “reasonable.” The Court has also enforced “notice” provisions that may require action within months.

Any seriously injured person must seek expert advice about the statutes of limitation from an experienced professional as soon as possible. Some of these statutory provisions are very complicated. The following synopsis is just a thumbnail educator and no summary should be relied upon as legal advice. Contact Turner Law at (248) 355-1727 for your free consultation to discuss the specifics of your case.

Statutes of Limitation

Whenever the law grants a right to seek recovery for wrongdoing, it also places restrictions on how long the victim has to take legal action. If the victim delays too long in seeking compensation, they are said to have “slept on his rights,” and the claim will not be heard. These limits are called “statutes of limitations” and they vary depending on the nature of the wrong that was committed. In many cases, there are other limitations on taking legal action, as well.

Other limitations include “notice” periods. In many circumstances, the injured victim is required to give notice of his injury within a time period that is even shorter than the specific statute relevant to a case. While we can’t laundry list all of the various notices codified in law, we have offered some of the most common examples for your edification.

No-Fault Auto

If you are injured in a car accident, you normally have the right to collect Personal Injury Protection (“PIP”) benefits from your own insurance carrier. The insurer must receive written notice of the injury within one calendar year, even if no benefits are currently payable. No-fault PIP benefits also have a unique limitation called the “one-year-back rule.”

Under this rule, a lawsuit must be brought within one year of incurring any expense, even if the no-fault carrier has been considering the expense and has not denied liability. No-fault law in Michigan is also unique in that the longstanding rules allowing infants and disabled people additional time to file suit sue cannot be applied to no-fault benefits.

The right to make a claim against the person who caused auto-related injuries normally carries a three-year statute of limitations. This can create problems in several situations. First, the victim can only sue if his injury is “serious,” and the courts often err on a definition of “serious” to mean “life-altering.”

If the injury is not “life-altering” within three years but becomes life-altering after three years, the victim’s right to sue is not extended. Furthermore, many insurers sell Underinsured Motorist Coverage with a statute of limitations of only one year: under these policies, an injury victim who is not aware of the wrong-doers uninsured or underinsured status, or who cannot prove a life-altering injury within 12 months, may lose his right to recover under the purchased policy.

There is also a short, one-year statute of limitations for taking action for damage to property resulting from a motor vehicle collision.

Insurance

Many insurance policies have a limited time allotted for notice or suit, and if the benefits are not mandated by the government the Michigan Supreme Court has held an insurer is free to incorporate any time limitations that it desires.

It is not uncommon for property damage provisions, fire insurance, and auto insurance policies to require a notice of loss that requires action while the victim is still reeling from the loss-causing incident.

The Supreme Court also held that it would not consider whether such limitations are “reasonable,” which and is contrary to the insurance law of many other states. All consumers are presumed by the court to have read and understood their insurance policies, despite the fact that most policies are incomprehensible — even to jurists. Thus, any claim that seeks compensation from an insurance policy must be examined immediately to assess how long you have to take action.

Medical Malpractice

Physicians and other medical professionals have always benefitted from a shorter (normally two-year) statute of limitations. When the suit is brought, it also must be accompanied by an Affidavit of Merit signed by one or more specialists with highly-specific qualifications, which leaves even less time to investigate a potential claim. (Click here for more on “highly-specific qualifications.”)

In addition, the Legislature created a mandatory notice-period in medical malpractice that prevents the filing of suit for 154 or 180 days, depending upon the wrong-doers response to the formal Notice of Intent to Sue.

Because the mandatory Notice of Intent is strictly construed and may be given undue importance, both legal and medical expertise must be incorporated in to that document.

In the case of medical malpractice injuries, there are exceptions to the statute of limitations where the injury was not “discovered” within the statutory period, or where it was fraudulently concealed.

The “discovery” provision allows only six months to take action, which means that a late-discovered claim must be explored by the victim immediately. There is also a Statute of Repose in medicine and in some other professional claims that places an outside limit within which any claim may be pursued.

Finally, there is a special limitation for children in the medical malpractice reform statute. Whereas children injured in many other contexts have until one year after reaching the age of majority in which to take legal action, children injured as a result of malpractice must normally sue by age 10, or within two years of the injury, whichever is later, even if they have not attained the age of majority when the statute of limitations expires.

Product Liability Claims

If a product liability claim alleges a personal injury, these claims must normally be pursued within three years; there is a three-year discovery period after any injury is identified in which late-identified claims may be pursued. If a product claim relates to damaged property or other non-injury losses, it is probably covered by the Uniform Commercial Code and carries a short, one-year statute of limitations. Check with Turner Law for applicability.

Standard Limitations

The basic Michigan statute of limitations for negligence is three years. However, there are so many exceptions that this limitation period cannot be taken for granted. For example, actions for slander, false imprisonment, and many other wrongs must be undertaken within one or two years of the injury suffered.

In essence, every injury should be analyzed carefully within a matter of months to determine the pertinent time for legal action. If action is delayed until the “11th hour,” a claim may be lost, or the ability to negotiate a reasonable settlement without filing suit may be squandered.

Statutes of Repose

In some settings, such as medical malpractice and building construction or design defects, the state Legislature has assigned an “outside date” after which no action will be allowed. In the case of the building, this time runs from the date of occupancy. In the case of malpractice, it runs from the date of injury.

There is a lot to digest here, and this is why representation by an experienced attorney is your best plan of action for obtaining the justice and compensation you deserve. For more information, and to discuss the specifics of your situation, contact Turner & Turner at (248) 355-1727 today for your free consultation.

While the terms sound similar and are often used interchangeably, there are legal distinctions between medical malpractice and ordinary negligence. Knowing the difference is important when deciding whether or not you have a provable claim.

Simply put, the difference between medical malpractice and negligence is that medical malpractice is based on professional standards for trained medical services providers. In contrast, ordinary negligence is based simply on a general duty of care.

Medical malpractice depends on what professionals should know and do in any given situation. Ordinary negligence is based on any duty that one person owes another even without any specialized training or skills.

The difference between medical malpractice and negligence is the standard that applies to evaluate the actions of the person accused of causing an injury.

What is Medical Malpractice?

The legal criteria used to determine whether or not an injury is considered medical malpractice typically involves an incident that occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

1. A violation of what is known as the “standard of care.” The law acknowledges there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. (This is known as the standard of care.) A patient has the right to expect that health care professionals will deliver care that is consistent with these standards.

If it is determined that the standard of care has not been met, then negligence may be established. Determination requires that a medical professional within the same field of practice can state that, in fact, that standard was either not met or breached.

So, by way of example, if your child was injured during delivery, a general practitioner cannot — for the purposes of the law — make a determination that the standard of care was not met. Only a physician who practices labor and delivery can make that judgement.

2. An injury was caused by negligence. For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence.

An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

3. The injury resulted in significant damages. Medical malpractice lawsuits are extremely expensive to litigate, requiring testimony of medical experts and hours of deposition testimony.

For a case to be viable, the patient must be able to show that significant damages resulted from an injury received due to medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery.

To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, and hardship, or significant past and future medical bills.

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

• Failure to diagnose or misdiagnosis
• Misreading or ignoring laboratory results
• Unnecessary surgery
• Surgical errors or wrong site surgery
• Improper medication or dosage
• Poor follow-up or aftercare
• Premature discharge
• Disregarding or not taking appropriate patient history
• Failure to order proper testing
• Failure to recognize symptoms

How Turner and Turner Can Help

Even if it’s evident your case is either a medical malpractice case or based on ordinary negligence, how you plead your case is a critical part of your claim. With years of experience and thousands of satisfied clients, the attorneys at Turner and Turner have the experience and trial hours to properly evaluate your case and determine what causes of action you can pursue.

For a free consultation or for more information, contact Turner and Turner at (248) 355-1727.

If you or a loved one has been injured in an auto accident or negligence by medical professionals, for example, you should explore your remedies under the law. If you have already retained counsel, one element of case preparation is undergoing depositions.

What is a Deposition?

A deposition is a question and answer session between an attorney and either the plaintiff(s) or defendant(s). The deposition occurs under oath and is used to find out what a witness knows, and to preserve testimony. It can be used at trial to refresh recollection or to ask a witness why trial testimony conflicts with what was said at the deposition.

The American Bar Association, the country’s leading legal organization that monitors officers of the court, has laid out a few important tips for individuals to know before they enter a deposition. Your attorney will surely prepare you ahead of time, but for those unfamiliar with the process, here are a few highlights of things to keep in mind.

Before entering into a deposition, you’ll attorney will likely prepare you by asking you to review documentary evidence and complete a mock Q&A. The guiding principle of our legal system is truth under the law. Therefore, despite walking into what may likely be an adversarial (more likely hostile) environment, where a camera may be pointed at you and you feel like you’re in the “hot seat,” remember the truth is your friend. If you can’t recall something, then that is what you say.

What to Wear?

Appearance and presentation matter, so general advice is to dress as if you are going on a job interview, or something akin to that. Look presentable; it will lend to your credibility and give you more confidence in testifying. Be comfortable but presentable. Professional and credible is the goal.

What to Bring?

In short: Nothing. If you are given documents to review in advance, you should not bring them: the first thing an opposing counsel is likely to ask what documents, if any, you brought and mark that as Exhibit 1. Even your phone may open up questions of unnecessary scrutiny. Leave it in the car. (Example: If you bring a phone, you could be asked to find text messages or emails.) Don’t make opposing counsel’s job easier. Other than car keys and eyeglasses, experts recommend clients bring nothing with them into a deposition room.

What Time Should You Arrive?

Be prompt and, if possible, arrive 15 minutes before the deposition. It gives your attorney a chance to calm your nerves, allows you to get water or go to the restroom. Your attorney will likely make a plan with you ahead of time so you both enter the deposition together. Going in together will give you confidence.

What the Room Will Look Like?

Your attorney will know ahead of time where the deposition will take place and provide you with a lay of the land, so to speak. Most likely, you will find yourself in a conference room at a law firm or other office setting. You should know where you will be seated and feel confident since your attorney will be seated next to you. If the deposition is videotaped, remember you will be the only one in the frame: sit up straight, maintain your composure and speak slowly. Remember, you are both under oath and everything you say will be both recorded and transcribed by a court stenographer. Don’t be spooked by either. Speaking the truth, in spite of a potentially intimidating setting, is your best offense and defense.

What happens first?

Your attorney will explain the procedures and what to expect. Essentially, if you are at the point of giving a deposition, you have already answered many of the questions you are likely to be asked. The videographer will begin by stating that once the camera begins recording, everything said thereafter will be going “on the record”; and the court reporter will begin to type. The videographer will state the name of the case, the date, the time and the address of the law firm. They will then ask lawyers to make their appearances, after which the court reporter will ask you to raise your hand and take an oath confirming you will tell the truth. After the appearances and the oath, opposing counsel will begin asking questions.

Knowing what to expect takes the mystery out of the process so you can focus on telling the truth and achieving the justice you are seeking. For more information, or to speak with an attorney about your personal injury claim, call the law offices of Turner and Turner at (248) 355-1727.

IF YOU’VE BEEN involved in an accident you should absolutely consider hiring a personal injury attorney; naturally, many victims can feel intimidated or nervous about visiting a lawyer’s office for the first time.

However, there is no need to worry. Your attorney is your strongest advocate and best chance at recovering compensation due to your injuries.

Expect the Meeting to be Fairly Short

Your case is important and it’s important to your lawyer, too. Most initial consultations last about one hour. While that may not seem like enough time, an experienced lawyer knows what questions to ask to make that hour efficient and productive.

Expect Questions – Lots of Questions

In your consultation meeting, your attorney will ask you a number of questions; basic “who-, what-, when-type” questions. Specifically, in a personal injury case, a lawyer will also want to know the details of the accident. Other pertinent information needed includes some specifics about your insurance policy, injuries, and financial losses. Not to be forgotten is one of the biggest impacts of an accident: how the injury affected you emotionally. Takeaway: expect questions about your physical, mental, and financial health.

While it may seem unsettling giving personal information to a person you’ve just met, set aside any worry. First, Michigan ethic rules require all attorneys – even those you may not ultimately engage — to maintain the “attorney-client” privilege. The attorney-client privilege, with very specific exceptions, prevents members of the Michigan State Bar from discussing your case or its details with anybody. Takeaway: don’t hold back because the specifics matter; a licensed attorney will keep everything confidential.

Most importantly, your potential attorney will be unable to properly evaluate your case unless you provide a true and complete story. Holding back information, or changing a fact that seems minor, might cause your attorney to provide bad information. A good attorney will give you an honest evaluation, but no attorney can do this without all the facts.

Expect to Be Asked for Documents and Other Proof

Not only will you be asked many questions, but your attorney will likely request any proof you have or can get access to (see list of examples below). Before calling for an attorney consultation, or visiting the office, make sure you have these items at the ready.

Examples Some things that lawyers often ask for include:

• Communications from insurance companies
• A list of witnesses
• Messages from witnesses
• Pictures of the accident scene
• Pictures showing injuries to you or others
• Pictures showing property damage
• Medical records
• Medical bills
• Police reports
• Records of missed work
• Records of lost wages
• Records of normal wages (e.g. paystubs, W2, receipts)

While not a complete list, it gives you a rough idea of items you’ll need to gather in order to support your claim.

“Loose Lips Sink Ships” (Expect to Be Asked Who You’ve Spoken To)

While the statements you make to your attorney are confidential, things you may have said to others are not. You might have said something about the accident that might hurt your recovery without even knowing it. Your attorney may or may not be able to undo potential damage, but your attorney needs to know what was said and to whom in order to evaluate whether comments made could adversely affect your claim.

Expect an Evaluation and Explanation

Toward the end of your first meeting with a personal injury attorney, the lawyer should be able to tell you the pros and cons of your case. (Note: lawyers cannot, nor should, promise certain outcomes; they can only tell you what they expect, based on past experiences.) The lawyer may offer to take your case on the spot. However, you are under no obligation to agree; you have the right to both visit other attorneys. Takeaway: take time to evaluate the consultation before making a final decision.

Similarly, while some attorneys agree to take cases during a consultation, others may want to take a little time to decide. Note: If the lawyer chooses not to take your case, it is not your fault; there might be many reasons such as conflicts of interest or an inability to devote the time necessary to be the best advocate you deserve. Takeaway: Feel free to visit another office and get another opinion.

Expect to Talk About Money

You can expect the attorney to talk about money, including fees. The attorney should explain – in clear language – how the billing process works. The attorney should explain their hourly rate, charges for items such as investigations, ordering records, or even making copies. Note: Most personal injury attorneys work on a contingent fee basis, which means they receive a portion of any amount you recover after the lawsuit. (However, even in this arrangement, some attorneys still charge clients for certain costs.) Be prepared to ask the attorney specific questions about billing practices.

Be Prepared to Sign Documents

If you decide to engage your attorney after consultation, be prepared to sign documents. Signing a retainer or representation agreement will make the attorney your “official” legal representative in your case. Your lawyer may also ask you to sign releases allowing them to access insurance information, medical records, and other items.

Hopefully, this article has given you some insight answered about what to expect at your consultation visit to a personal injury attorney.

If you have more questions or need to speak to an experienced personal injury attorney, contact the Law Offices of Turner & Turner. Founding member Buzz Turner has more than 30 years of experience as an advocate for clients injured in vehicle-associated accidents, medical malpractice, and other personal injury claims.

Call Turner Law today for your free consultation at (248) 248-355-1727, email Turner Law or visit the Firm’s website.