How it Works

When should I contact a lawyer?

Time is important in these claims, so we suggest you contact us immediately. Evidence is often lost, and witnesses are either overlooked or lost as more time passes. The evidence and witnesses are often critical to a successful claim. Contact us immediately for an individual free evaluation of your potential claim.

Do most cases go to trial to recover damages?

Most cases do not go to trial. Statistically, the large majority of personal injury cases are settled at Mediation or otherwise. Earl Zimmer takes personal pride in his results, whether by settlement, mediation, or on rare occasion, at trial.

When should I settle my case?

Any discussion of settlement would be premature until the nature and extent of your injuries are known. This is generally what is known as MMI (maximum medical improvement). At that time, your physician, lawyer and yourself will know the effects the injury has had on you in the past, and the likely effects the injury will have on you in the future regarding your ability to work, enjoy your hobbies, and perform activities of daily living. Once you reach MMI, settlement discussions can be made. If your case is not able to be settled at that time, a lawsuit can be filed.

 How does a prior injury affect the value of my claim?

Generally, a person who is negligent or careless may only be responsible for the injury they caused. If you had a prior, or "pre-existing" injury, the third party may not be responsible to compensate you for a condition that already existed. However, if you can prove that the negligence made the injury worse, you can be awarded damages for an "aggravation of the pre-existing condition".

What are the issues affecting whether damages can be recovered?

Every case addresses four issues:

• Liability - was a third party negligent?
• Causation - did the negligent conduct cause an injury?
• Damages - what is the amount that will fairly and adequately compensate you for your injuries?
• Source of collection – Is there an insurance company representing the negligent driver that will be able to pay the compensation demanded?

What is a normal settlement amount?

Every case is different, and there is no exact measure of compensation. However, there are certain "elements of damages" which will be considered when negotiating a settlement. The proper value of a claim is established when an experienced trial lawyer reviews and interprets the case information, such as:

• The strength of liability and causation
• The amount of the medical bills incurred in the past
• Loss of past income
• Loss of future earning capacity
• The amount of medical bills likely to be incurred in the future
• Extent of the injuries sustained, and how they have affected you and your family.
• How your injuries will have affected you and your family and will there be any ongoing repercussions from the injuries suffered.