Frequently Asked Questions
1. What is my case worth?
We are frequently asked by clients to place a monetary value on their individual cases. No accomplished personal injury attorney can give you a potential value of your case early on for a variety of reasons. The value of your case hinges on a number of factors, which include:
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The extent and permanency of your injury;
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Your negligence, if any;
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The provable negligence on the part of the railroad;
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The believability of any witnesses to the accident;
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The testimony of your treating physicians;
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The testimony of expert witnesses appearing for you and on behalf of the defendant railroad; and
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Any injuries you may have had prior to this accident.
Asking your lawyer to predict a monetary outcome for your case early on is like trying to get a body shop to give you a repair bid without looking at your car. It's not possible and any lawyer who does that is not being fair to you or your case.
2. Do I have to give a statement to the railroad or their attorneys?
You are required to complete an accident report form as the injured party. You are only required to give an oral or written statement if you are a witness. If asked to give a statement after you have been involved in an accident you should politely decline until you have talked to an attorney and he/she advises you concerning your course of action. Many cases lose their value early because the injured worker was inexperienced in dealing with the claims investigators who are very good at manipulating the conversation to reduce the liability on the part of the railroads.
3. Do I have to go to the company doctor?
No one can require you to seek treatment from anyone other than a physician of your choice. You should seek treatment from competent medical personnel. Ideally, this would include a specialist for your particular injury. You should also remember to honestly and fully answer the "history" questions posed to you by the physician. If you fail to disclose prior hospitalizations or injuries this will hurt your credibility and diminish the value of your claim. Fully describe for the doctor the type of work you were doing at the time of the accident and how, if any, your routine job duties will be impacted by the injury if it includes any degree of permanent impairment.
4. Will I be disciplined or fired for retaining an attorney?
No. Federal law prohibits the railroad from taking such action and subjects it to a fine and possible imprisonment for the railroad official taking such action. Additionally, you have rights under your labor contract and you should contact your local chairman in the event an investigation is called.
Contact us anytime to schedule a FREE CONSULTATION with an experienced attorney in the area in which you require assistance.
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