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Injury Claims: If you are injured in an accident caused by someone else, do the following: • Go to the hospital or see your doctor. • In a car wreck, immediately notify the police and your insurance company. • Do not give a tape recorded statement or sign a release without legal advice. • Document your claim. Take photographs of the scene, all vehicles, and take photographs of your injury. • Act promptly. In most cases, failure to file suit within one year will forever bar your claim. If you are hurt at work, the law requires you to take certain steps to preserve your claim: • Give notice to your employer, in writing, within 30 days. • Request that your employer or worker's compensation insurance company provide the names of three doctors, and before making a selection, check them out. • Do not give a tape recorded statement or sign a release without legal advice. Claims against state and federal governments, either medical malpractice claims or other injury claims, are handled differently. A notice of claim must be given within a limited time or such claim may be forever barred. Fees for Injury Cases: Most injury cases are handled on a percentage fee. The attorney advances the expenses, which are usually deducted from any settlement or judgement received. The percentage through the trial level is usually 1/3 of the total recovery in injury claims, 20% of the total recovery in Worker's Compensation claims, and for claims against the Federal Government, 20% - 25% of the total recovery. |
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