THE DO's AND DON'Ts FOR INJURED VICTIMS
DO's
- Do contact Bisnar & Chase immediately following your accident.
The advice you receive in an initial interview may be extremely
helpful in the days following the accident.
- Do notify Bisnar & Chase if you have changed your address
and/or telephone number, or employment - including changes
in salary, duties, or job title.
- Do take pictures of any damage to your vehicle before
you get it repaired. Use color film and take a whole roll
of pictures.
- Do save all medication bottles, casts, braces, and any
other items from your doctor.
- Do give your attorney any pictures and videos of the accident
or accident scene that you or anyone else has taken for
you.
- Do obtain and save all receipts itemizing any and all
expenses you incurred as a result of your accident. Be sure
that receipts are dated and contain legible and complete
vendor identification.
- Do inform your attorney of anything you think has a bearing
on the case, including extensive medical treatment or hospitalization.
DON'Ts:
- Do not give any statements - written, recorded, or oral
- to anyone concerning your accident or injuries without
first consulting Bisnar & Chase.
- Do not admit fault or offer any opinions about the cause
of the accident.
- Do not speak to anyone other than your attorney about
your accident or case.
- Do not wait to visit a doctor if you are injured. At your
visit, do not hold back any information about the location
and severity of your pain.
- Do not make any false or incorrect statements about prior
injuries to any doctor who may treat or examine you. If
you don't remember past information, say so.
- Do not ignore your doctor's advice.
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INFORMATION THAT IS CRUCIAL TO YOUR CASE
Keep Detailed Records
Record the following information on an ongoing basis to maintain
an accurate account of the suffering that you have endured.
- Lost work time and wages.
- Expenses resulting from your injuries (i.e., transportation,
home care, etc.)
- Pain and suffering.
- Your physical limitations.
Taking the time to collect and record accurate information may
have a positive effect on the outcome of your case. Copies of
checks and receipts of payment, as well as the above records,
will be very helpful when you may be asked an insurance company
or attorney to recall your pain, physical disabilities, and
any out-of-pocket expenses including medication. Follow
Your Doctor's Advice
Be sure to do what your doctors tell you and show up for
all appointments. By missing a doctor's appointment, you are
saying to the doctor and to the insurance company that your
pain doesn't matter or affect you too much.
It is very important for you to work hard to get well and
to go to all of your appointments. These appointments can
serve as evidence of your pain and rehabilitation. If you
are in pain and you do not see a doctor, the insurance company
and the jury will not believe that you are having pain.
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FREQUENTLY ASKED QUESTIONS
Why Should I Hire BISNAR & CHASE As My Attorneys?
Because we believe in what we do and what we do makes a difference
in the lives of our clients and in the world in general.
We are concerned for our client's well being -- this is why
we have chosen to work for plaintiffs (the injured parties)
and plaintiffs only. We don't and never have represented insurance
companies or corporations. We only represent people who have
been injured or taken advantage of by insurance companies
or both. We are concerned that our clients receive the medical
care they deserve and recover physically from their injuries,
as well as recover emotionally and economically. We care enough
to tell our clients the truth about what we can and cannot
do to help them. We care enough to devote ourselves fully
to each client's case. We know the law and know how to use
it for our clients' best interests.
What Our Staff Members Say:
"I recommend people to hire us because we are responsible,
work as a team, we care about people and most important of
all we know what we are doing." - Marta I. De la Torre
"We are a very dependable and professional law firm. We know
how to handle business." - Nora Zamarripa
"We give the advice clients need for their lives, not their
case and fight hard to carry out the decisions our clients
make about the matters we are hired to accomplish." - Edward
Spilsbury
"I recommend that injured people hire us to represent them
because we are committed to providing them with the best outcome
of their case." - Colleen Cadogan
If you are looking for a committed, resourceful and compassionate
law firm to advise and representatives to help you hold a
responsible person accountable for your injuries, you should
choose BISNAR & CHASE as your personal injury attorneys.
What Should I Expect A Personal Injury Attorney To Do
For Me?
You should expect your personal injury attorney to be an
educator, an advisor, a communicator, a representative, an
advocate, he/she should be your "Champion".
Your attorney should educate you about your rights, the legal
basis of your claim and the damages you are able to recover.
Your attorney should advise you throughout the process of
recovery (physically, emotionally and economically) as to
what to expect and how to best care for yourself throughout
the recovery process.
Your attorney should be an effective and honest representative
for you. After all, he is your voice in your dealings with
the defendants and their representatives.
Your attorney should be an effective advocate in the pursuit
of your rights.
Your attorney should be your "Champion", your "David", your
"Robin Hood", educating, advising, advocating and fighting
for you. Someone you are proud of.
Why Should I Hire An Attorney To Assist Me In Resolving
My Personal Injury Claim?
Higher net recovery to you, an experienced guide on your
side, relief from worry. An insurance industry research institution
studied personal injury claims processed by the injured person
alone, verses personal injury claims handled by attorneys.
They determined that those represented by attorneys had a
higher net recovery to themselves (more money in their pocket
after attorney's fees and costs) than those without attorneys.
An experienced personal injury attorney provides you the
advantage of a skilled professional who will provide you the
benefit of his experience and insight to equal the playing
field when dealing with insurance companies and the major
corporations of the world. Hiring a personal injury attorney
allows you to focus on your recovery from your injuries while
your attorney focuses on holding the responsible person accountable
for your injuries.
How Does Your Law Firm Charge Attorneys' Fees?
We only work on a contingency fee, meaning that if we do
not win, we do not get paid. Injury victims cannot afford
to pay an attorney by the hour. Our contingency fee is in
line with other top-quality lawyers who handle serious personal
injury matters. There are no up front costs or fees with us.
Who Is Going To Pay Up Front For All Of The Costs And
Expenses Of My Case?
Costs must be advanced during the case to hire experts, conduct
discovery and prepare for trial. We advance all costs and
we say so in our retainer agreement. The client is responsible
for reimbursing the costs when the case settles. If we don't
recover money for you, you will owe nothing.
What Happens If We Lose The Case?
You are not responsible for any fees or costs.
What Is The Value Of My Case?
Because every case is unique and different, it is impossible
to tell immediately how much money, if any, you will recover
in connection with your case. In cases of serious injury,
the ultimate recovery is often related to the amount of insurance
coverage available, the nature, extent, and duration of your
injuries, and the assessment of liability. We feel it is our
primary duty to obtain an amount of money which will fairly
and justly compensate you for your injuries. We will make
every effort to do this by locating all sources of money.
We will advise you of our evaluation in this regard.
In general, most states allow recovery of damages for the
following elements of damage:
- The nature and extent of injury, including whether the
injury is permanent, and the amount of disability.
- Medical expenses, including past bills and future expenses
that are reasonably considered to be incurred. This may
include mileage to and from the doctor or hospital.
- Wage loss, past and future and loss of capacity to earn
a living.
- Pain and suffering, including your motor vehicle and other
items of personal property.
- Loss of consortium for your spouse, past and future.
Why Does It Take So Long To File A Claim?
We cannot make your claim until after the doctors have given
us reports stating exactly what your medical condition is
and what they expect it to be in the future: in other words,
until you have reached "maximum medical improvements". Many
times the doctors will be very slow in making these reports.
We may even, on occasion, ask you to contact your doctor to
speed up this report.
If we try to settle your case before your medical condition
is stabilized, you may lose money that you might be entitled
to for a condition that did not show up until after your case
was settled. It is important to know that your case will not
be settled until the damages have been determined and all
investigations to determine who is liable have been completed.
It generally takes several months to gather the necessary
information. If a trial becomes necessary, it can take several
years to complete a case. One of the most difficult requests
we make of you is to have patience. Bisnar & Chase will work
as hard and fast as possible to settle your case quickly.
Who Should I Talk To About My Case?
Do not discuss your accident with anyone except your attorney
and your doctors. If your own insurance company wants to talk
about your case before they pay your medical bills, please
refer them to your attorney.
Remember that any necessary information from employers, schools,
or other persons will be obtained by Bisnar & Chase. Also,
you should not sign anything for anyone else until you check
with you attorney first.
What Is Uninsured/Underinsured Driver Insurance?
If you were hit by an uninsured motorist or underinsured
motorist, you may be eligible for benefits under your own
policy or the policy that covered the vehicle you were in.
Many insurance companies have special provisions if you desire
to proceed against the uninsured motorist provision of the
policy. In most cases, you will be able to collect for your
lost wages, medical bills, pain and suffering, etc., in the
same way as if the driver that hit you did have insurance.
We ask that you provide us with a complete copy of your own
insurance policy in force at the time of the accident.
What Is Subrogation?
If any insurance company pays some of your medical or other
expenses arising from your injury, the law provides "subrogation"
which means that the insurance company stands "in your shoes"
and can recover from the liable party some or all of the amounts
paid on your behalf. If this is the case, they usually are
required to pay their proportionate share of the attorney's
fee and costs in connection with the recovery. This is handled
on a case-by-case basis.
What Should I Do About Medical Liens?
Some of our clients are involved in an accident where there
is no medical payments insurance, worker's compensation or
private health insurance. In such cases, your doctor will
expect to be paid by you at the conclusion of this case. Often
they will require you to agree, in writing, to have us pay
them directly from the proceeds you receive. State laws sometimes
permit health care providers to file a "lien" which must be
paid out of the proceeds of your case. If your doctor asks
you to sign what is often called a "lien letter", be sure
to contact our office. In some cases, it may not be appropriate
for you to sign such an agreement.
What If I Choose To File Bankruptcy?
If you are considering filing bankruptcy, you should know
that you may lose all rights to your personal injury case.
The Bankruptcy Court can take over your case, settle your
case and give your settlement money to your creditors, and
you will receive nothing. Be sure to talk to your lawyer before
filing bankruptcy.
What About Claims That Are Filed Against The Government?
Any injury claim, whether it stems from a car collision or
other event that involves the government, is subject to special
rules. The governmental entity involved may be the state,
a city, a county, local government, or the United States.
Generally, a Notice of Claim must be filed with the appropriate
governmental agency very soon following your injury. If you
believe that the government may be involved in your case,
please notify us immediately.
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THE LEGAL PROCESS
First Steps In Representing You
Your initial interview with Bisnar & Chase will help us gather
general information about your case. We will guide you on
what you should and should not do, and give you necessary
materials to help you. Then, you will be asked to sign certain
authorization forms to allow us to obtain your medical records
and other pertinent information.
Bisnar & Chase will contact the person who was responsible
for your injury and/or the insurance company, and notify the
parties that you have retained us as your attorneys. We will
also contact all of the doctors and hospitals involved in
your care to obtain your medial chart and billing information.
Filing A Lawsuit
Before filing a lawsuit, Bisnar & Chase will obtain your
permission and explain to you why we believe a lawsuit should
be filed. The decision to file a lawsuit should be made by
your attorney with your input. Filing a lawsuit may be necessary
to obtain adequate monetary compensation for your injury.
Settlement is always possible and is a common alternative
to filing a lawsuit. In fact, only a small percentage of cases
make it to trial.
Going To Trial
The following are the steps necessary to bring the case to
trial.
A. Pleadings
Pleadings are the documents parties file in court that form
the basis of a lawsuit. This is intended to be general information
only. Each case is unique.
- Complaint or Petition - A lawsuit is filed against an
opposing party by filing a document in court known as a
complaint or petition. The person who brings the action
is the plaintiff - you. The person against whom the action
is brought is the defendant. The petition is a statement
of facts alleging the names of the parties and alleging
why the conduct of the defendant entitles the plaintiff
to recover damages.
- Summons - Once the plaintiff's petition is filed, a "summons"
is issued to be served on the defendant by an officer of
the Court, usually a Deputy Sheriff or process server, informing
the defendant that suit has been filed and that a response
must be made within a given period of time or a judgment
will be taken against him.
- Answer or Motion - The response filed by the defendant
is called an Answer, which is prepared by the attorney for
the defendant. Alternatively, if a defense attorney feels
there is a fatal flaw with the lawsuit a motion to dismiss
the complaint or to strike portions of the complaint may
be filed.
B. Discovery
Once an action is filed, both sides have a right to "discover"
facts concerning the opposing party's case. Normal discovery
proceedings include written interrogatories, depositions,
production of records, and sometimes medical examinations.
- Interrogatories - Each side may serve written questions
on the opposing party, called "interrogatories". You are
required to answer these questions within a prescribed period
of time, in writing and under oath. We will serve interrogatories
on the defendant in your behalf, and the defendant will
serve interrogatories on you, which you must answer. Bisnar
& Chase will assist you in preparing your answers.
- Depositions - Used to learn as much as possible about
the other side's claim or defenses, a deposition collects
information, under oath, that is transcribed in a statement
which may be used by either side in a lawsuit. It has the
same effect as testifying under oath. Those present are
the parties concerned, their lawyers, sometimes an additional
witness or two, and a court reporter who records the questions
and answers. The lawyers normally agree in advance where
the deposition will be held. It is usually in the office
of one of the lawyers. You are required by law to give a
deposition. This is not something in which we have a choice.
Because of this, we will need your full cooperation. Prior
to the deposition, Bisnar & Chase will go over the facts
of the case with you and answer any questions you might
have.
YOUR DEPOSTION IS OFTEN
THE MOST IMPORTANT PART OF YOUR CASE.
It is important that you be prepared well in advance of the
deposition date.
In giving a deposition, there are a few rules to follow:
a. Always tell the truth, even if it hurts your case.
b. Answer only the questions. Do not make any voluntary statements
or speeches.
c. Think before you make any answer to any questions. If it
concerns a matter about which you do not know, or a detail
you do not remember, you may so state. However, once you have
stated that you do not know or remember, it's hard to change
your testimony at trial.
d. Always be polite. Frequently the other attorney will ask
you many questions which will seem to you to have no bearing
upon the case. Nevertheless, it is your duty to answer these
questions, notwithstanding the fact that they may irritate
you.
e. Never conceal prior injuries or prior illnesses. Remember,
the other side has the means of obtaining such information.
Mediation
There are occasions when the parties submit the dispute to
"mediation". The parties meet with an independent third person,
usually an experienced lawyer or retired judge, who assists
the parties in arriving at a settlement. The results are not
binding. It is informal, and less expensive than a trial.
If that is an option to your case, your lawyer will discuss
it with you.
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If you have been seriously injured or lost a loved one as
the result of a car accident, you need the advice of an experienced
Nevada personal injury lawyer. Call Bisnar & Chase today
for your free consultation or click
here to fill out our convenient on-line evaluation
form.
1-866-472-4878
Bisnar & Chase has been awarded the highest
ranking a law firm can be awarded, signifying that the lawyers
have reached the best heights of professional excellence and
are recognized for the highest levels of skill and integrity.
*The Martindale-Hubbell Peer
Review Icon is a service mark of Reed Elsevier Properties
Inc., used under permission from Reed Elsevier Properties
Inc. in accord with the terms and conditions established by
Martindale-Hubbell.
Bisnar Chase, LLP
2300 West Sahara
Suite 650, Box 30
Las Vegas, NV 89102
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