It is a fact of life that bad things sometimes happen to good people. It doesn’t mean you have to go through the process alone. Skinner & Skinner has over twenty years experience of handling personal injury and wrongful death claims against negligent parties and their insurance companies.  A bodily injury claim occurs when a person has suffered some form of physical injury as the result of some type of accident.  Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury. If the person is killed in the accident, the family is entitled to collect the damages from the negligent party. If that negligent party has proper liability insurance, then the insurance company will be responsible for the damages to the injured party or their family.

Types of Cases and Damages

The most common injury claims brought are for automobile accidents. With the number of automobiles on the road each day and the increasing distractions in the automobiles and around the roadways, it should be no surprise that the most common type of claim involves injuries in travel accidents. When a fatality occurs in a bodily injury claim, it is called a wrongful death claim.  Skinner & Skinner handles a variety of claims including automobile accidents, wrongful death, dog bite claims, medical malpractice and products liability claims.

There are different types of damages recoverable based on the type of claim that caused the injury. General negligence claims such as automobile accident claims often include claims for medical bills, lost income and damages for pain or suffering (called general damages). Wrongful death claims allow for the medical bills, funeral bills, lost income and loss of comfort, loss of future income, and society and support that would have been provided by the deceased. These damages are often difficult to ascertain but can be judged based on prior similar cases and trends in jury verdicts.

Settlement or Trial?

Most bodily injury/ wrongful death cases settle prior to trial.  This usually happens through a series of steps. The first step in the process towards settlement is to obtain a clear picture of the facts of the accident in issue. This is done by collecting all information about the accident, the parties involved, photos, insurance information and police reports.  The second step in the process towards settlement is to inform the insurance company of all the relevant information and the basis of the claim. This involves collecting all medical charges, medical records and narrative reports from each provider.  The third step is to present this information with a demand for settlement to the insurance adjuster for evaluation. A demand amount is joint decision between the client and the attorney. Our advice for a settlement demand is based on our knowledge and experience involving prior settlements, history with that particular insurance company and the strengths and weaknesses of each particular case. If the insurance company does not agree to settle the case at that stage, then the final step is to file a civil complaint, serve the responsible party and present the claim to the courts for resolution.

Once the case enters the legal arena, there are a variety of ways to resolve the case prior to trial. More popular resolutions involve non-binging mediation or non-binding or binding arbitration. 

How to Hire the Firm

All new bodily injury or wrongful death cases require a meeting with one of our Attorneys for our firm to assist you. When calling the office to schedule an appointment, please be prepared to provide a description of the parties involved and the nature of the accident. Please bring with you to the meeting with the attorney all documents, police reports (if available), information on responsible parties, insurance information and photos of the accident scene.

As with all of our new clients, Skinner & Skinner offers free consultations to determine if the firm can assist with your legal needs. Fees are always discussed up front and you will be asked to sign a written retainer agreement outlining all charges and how they will be calculated. Most bodily injury claims are accepted on a contingency fee basis. A contingency fee is calculated as a percentage of the recovery obtained from the responsible party or their insurance company. Under most circumstances, if you cannot afford the costs necessary to pursue a claim, Skinner & Skinner will pay for costs of the case, but will deduct those costs from the amount recovered as well. Costs can include the cost of the police report, investigation fees, filing fees, service of process fees and deposition costs.

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