Accident Injury
Injuries caused by accidents are a peril of everyday living. No matter what the cause--an automobile collision, an ankle wrenched by a hole in a side walk, a bus that jerks to a sudden stop, a product that malfunctions, a construction site injury, medical malpractice--an accident injury requires instant action: investigators to seek out eye-witnesses and physical evidence, and photographers to capture the scene before any changes can occur.
Auto Accidents
The most typical accident involves an auto collision. In some situations--when, for example, your car is rear-ended by another vehicle--fault is easy to prove. But even cases involving complex issues can be won: We have been successful in cases even though the police report named our client as the party causing the accident; even when a citation was written against our client; even where there were no traffic signals for either driver--and in one case where our client, because of the severe injury suffered, had no memory of the accident. In these complex cases, we use the services of skilled investigators to assist us in reconstructing the accident scene.Good leg work...
Prompt and expert investigation is often the critical factor in unique accident cases. We represented a worker who was nearly killed on a ship's conveyer belt that he was cleaning. The insurance company claimed it was his fault for placing himself in a dangerous spot; but because a member of our team was at the accident scene within hours--with a marine investigator and a photographer--we were able to prove that the dangerous design of the conveyor belt caused the near tragedy. The insurance company eventually backed down and, on the eve of trial, paid ourclient over $250,000.
...makes good legal work.
An 80-year-old woman called us when she was knocked down in a supermarket by the manager chasing a shoplifter. Her family assumed that there was little hope of a recovery because the manager was doing his legal duty and the injured party was 80 years old. We convinced a jury that the manager could have waited until the thief was out of the store and that our injured client had been a very active woman until her fall--and won a large recovery for her.How do you put a price on pain and suffering?
The typical accident case permits unlimited damages. The injured party can win compensation for the actual injury, lost earnings or loss of potential earnings--what you could have earned had you not been injured--as well as reimbursement for all medical expenses and auto repair. Moreover, the accident victim is also entitled to compensation for pain and suffering--the physical pain plus the emotional injuries which victims experience, such as fright, grief, anxiety, terror or flashbacks of the ordeal.Often more money is awarded for the pain and suffering than for the actual injury, so we instruct our clients to keep a special diary that will help them recall the pain and suffering they have endured.
Moreover, if the injury was intentionally inflicted, or caused by gross negligence such as the fault of a drunk driver, a jury may also award punitive damages--based upon the wealth of the wrongdoer.
"Do I have a case?"
most clients ask. At no charge, we investigate the circumstances of the accident to answer that question.If the answer is "Yes, you have a case," Jelinek & Associates will handle the accident injury on a contingency basis. We pay the cost of the case and receive reimbursement and a share of the recovery only when we are successful in obtaining money for you.