Being a victim of a personal injury is overwhelming, but taking the right steps can protect your rights and set you on the path to recovery. Here’s a checklist that incorporates key ways the law firm of Rosenblum Schwartz Fry & Johnson in St. Louis can help.
1. Seek immediate medical treatment.
Action: Get medical care as soon as possible. Delaying treatment can weaken your claim in the eyes of insurance adjusters and the court. You should also check with the other party if any injuries were sustained.
Why It’s Important: Your health is the priority, and seeking treatment immediately also establishes records crucial for your case.
How Rosenblum Schwartz Fry & Johnson Helps: Their attorneys understand the importance of thorough medical documentation and may advise on coordinating with medical professionals for ongoing treatment until you reach Maximum Medical Improvement (MMI), ensuring your injuries are fully accounted for.
2. Exchange information, and document the scene.
Action: Exchange contact details with all parties involved, including the other party’s name, address, license plate number, and insurance information. Be sure to take photographs and gather witness information. If the accident involves a vehicle and an uninsured driver, then report it to the local Driver License Bureau.
Why It’s Important: Accurate information can strengthen your case by providing clear evidence of what happened.
How the Firm Assists: Rosenblum Schwartz Fry & Johnson can help organize this information, ensuring all relevant details are recorded for use in your case.
3. Contact an attorney as soon as possible.
Action: Reach out early, especially if you’ve suffered a significant injury or loss. Rosenblum Schwartz Fry & Johnson offers a free consultation to evaluate your options and determine the best approach.
Why It’s Important: A personal injury lawyer can guide you on essential steps and protect your rights from the start. The lawyer will ask about the details of the situation and consult the initial interview and investigation to determine if it’s a feasible personal injury case.
How They Help: Their team will assess your case’s strength and help you navigate the legal process, giving you peace of mind and a professional advocate. Plus, they’ll be sure you get the best possible return.
4. Complete an initial interview with your attorney.
Action: Be honest and thorough during your initial interview with Rosenblum Schwartz Fry & Johnson. The more they know, the better they can handle your case and prepare for any surprises.
Why It’s Important: Sharing every detail, even challenging ones that may be traumatic or not favorable to you, gives your attorney a complete picture to effectively represent you. This way, your attorney won’t be surprised if the opposing attorney brings anything up that they aren’t familiar with already.
How the Firm Assists: Rosenblum Schwartz Fry & Johnson will conduct a thorough interview, extracting every detail that could be important to your case. It may seem tedious, but the more your attorney knows, the more capable they are to represent you.
5. Allow your attorney to conduct an investigation.
Action: Provide your attorney with any relevant documents you have, but also keep personal copies. The investigation usually takes some time to process as your attorney will have to request many of the documents from other entities. The documents needed include police reports and scene photographs, medical records and bills, and reports from experts analyzing the situation.
Why It’s Important: Gathering supporting documents strengthens your case, and keeping personal copies of each of these items together ensures you’ll be able to have them in hand should you need them in the future.
How Rosenblum Schwartz Fry & Johnson Assists: They handle all necessary document collection, which may include accident reconstruction, medical experts, and witness testimonies to build a comprehensive case on your behalf.
6. Decide on a settlement or a formal lawsuit.
Action: Consider whether you want to settle the case outside of court or move forward with a formal lawsuit. Most personal injury claims typically begin with settlement negotiations and only move to a full lawsuit if the parties involved cannot reach an agreement, especially in cases that involve a smaller claim. However, if you have lasting injuries or impairment, pursuing a formal lawsuit may be worthwhile.
Why It’s Important: Fees and costs of a formal lawsuit can add up quickly, especially for cases in which you’re facing a big insurance company with seemingly endless resources. Whether you settle informally or go to court affects time, cost, and potential outcomes.
How the Firm Supports: The attorneys will advise you on your best options, helping you weigh the benefits of an informal settlement versus the potential need for a lawsuit.
7. Facilitate an informal settlement with a demand letter.
Action: Your lawyer will prepare a “demand package” containing all relevant documents and a letter demanding an initial price from the other party. Negotiations may follow, with the opponent responding by accepting, rejecting, or countering.
Why It’s Important: A demand letter opens settlement discussions, presenting your case and requesting compensation.
Firm’s Role: Rosenblum Schwartz Fry & Johnson’s experienced team manages these negotiations for you, working to maximize the settlement amount through strategic back-and-forth discussions.
8. Pursue a formal lawsuit if necessary.
Action: Your lawyer will help guide you through the formal lawsuit process if the negotiation requires or any party chooses to take it to the courts. Those key steps in the litigation process include:
- Statute of Limitations: It’s important to keep in mind statute of limitations that essentially function as expiration dates for your claims. For example, if an injury happened long ago and you waited to bring the case forward, it may be past the statute of limitations. Your attorney will help by checking the statutes and ensure you meet all deadlines.
- Discovery Process: Once a case is filed, both sides will gather information, exchanging documents and witness statements. Rosenblum Schwartz Fry & Johnson excels at preparing comprehensive cases during discovery.
- Mediation or Trial: Settlement negotiations may take place after the discovery period now that both sides have an idea of the strength of their case. If mediation fails, then the case may go to trial. You’ll need skilled trial representation, and the firm’s attorneys have extensive experience in court.
How They Assist: From discovery to trial, Rosenblum Schwartz Fry & Johnson provides seasoned guidance, preparing your case for the best possible outcome. Plus, with their experience in personal injury law, they’ll be able to consult you on your chances of winning a case, thus determining if you should follow through with a mediation settlement or go to trial.
9. Appeal if necessary.
Action: If the case doesn’t turn out in your favor, you and your attorney can decide to try the case again. To appeal, there must be evidence of something that legitimately went wrong during the trial—you cannot appeal purely out of displeasure with the outcome.
Why It’s Important: If the outcome is unsatisfactory, an appeal may offer another chance.
How the Firm Can Help: The attorneys review case results meticulously to determine if errors justify an appeal, providing an opportunity to seek the justice you deserve.
By following these steps and consulting with the experienced attorneys at Rosenblum Schwartz Fry & Johnson, you can focus on recovery while they handle your case with diligence and dedication.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
This post was created by SLM Partner Studio on behalf of Rosenblum Schwartz Fry & Johnson. Learn more about the experienced attorneys at Rosenblum Schwartz Fry & Johnson by visiting their website, calling 314-862-4332, or visiting their office (120 S. Central, Suite 130).
