Any contact through this website does not create an attorney-client relationship. Until an attorney-client relationship is agreed to by Daniel & Daniel, you are not a client. Do not send any communication which you expect to be kept confidential, and you are hereby advised that any information that you do send may not be held confidential.

The information within this web site is intended to provide some general information about The Daniel & Daniel Law Firm. We anticipate that you will have questions about how your lawyer can best represent you in your criminal or civil case. Please do not hesitate to discuss with your lawyer any aspect of your case, our firm’s resources, or how we can better represent you. It is our hope you will be completely satisfied with our work and will become one of our many clients who refer us to their family and friends.

The personal injury, wrongful death, and criminal defense lawyers, At The Daniel & Daniel  Law Firm, in Knoxville, Tennessee, concentrates on legal cases related to auto, motorcycle, and trucking accidents, DUI, assault and drug charges, felonies and Family Law in Tennessee State and Federal courts.

THE

LAW FIRM

DANIEL & DANIEL

(865) 546-4292

PREPARATION, DEDICATION & EXPERIENCE...

Knoxville, TN DWI/DUI Defense Lawyers

FAQ – Injury and Accident Cases

Below is a list of the most frequently asked questions we field from both current and prospective client’s:

1. How are fees set and paid in injury and accident cases?

Answer: Generally, fees for injury and accident cases are set on a contingency fee basis. This means that the fee charged and earned by the attorney is dependant upon the amount of recovery obtained for the client. Contingency fees are beneficial to the client in two ways. First, a contingency fee ensures that the client can afford quality legal representation as the client is not required to pay any fees upfront to retain the attorney. Second, a contingency fee arrangement helps ensure that the attorney will seek and obtain the highest possible recovery of money for the client due to the fact that the

attorney’s fee will increase in a set ratio with the client’s award of money. In other words, the more the attorney makes for the client, the more he or she will make themselves. Contingency fees are generally set at a ratio of 33% or 1/3 of the recovery in auto and other related accident cases, and at a ratio of 20% for workers compensation cases. Tennessee state law requires that attorney’s also discuss the possibility of handling injury cases on a set fee or hourly basis with prospective clients as an alternative option. These options will be explained and discussed with you at your free initial consultation.

1. I have heard that lawsuits can be expensive, how will expenses be handled on my injury case?

      Answer: All claims or lawsuits will involve certain expenses in order to be handled efficiently and competently. At Daniel & Daniel we will generally agree to front or pay all expenses necessary to properly handle your case and ensure the best possible recovery. These expenses will be paid from our office expense account and will be deducted from your award or recovery at the conclusion of the case. This ensures that you do not have to worry about these costs while the case is pending, especially if you have been unable to work because of your injuries, and are incurring medical and other expenses related to the accident. The nature and amount of these expenses can vary from case to case and will be discussed with you at your free initial consultation.

2. If I have been injured in an accident, how much time do I have to file a lawsuit or settle my claim?

Answer: Tennessee law imposes a 1 year statute of limitations on virtually all matters involving personal injury. This means that within 1 year of your date of injury, you must either settle your claim or file a lawsuit against the responsible party to prevent your claim from being time barred. Under certain circumstances this 1 year time limit can be extended. If you have been injured by someone else’s

negligence, or injured on the job, contact us at Daniel & Daniel as soon thereafter as possible to ensure your claim will not be barred by the statute of limitations.

3. If I have been injured, what should I bring with me to my free initial consultation?

      Answer: While you are not required to bring anything with you to your consultation, below is a general list of things that will assist us in evaluating your claim:

1. Copy of an accident report (Motor Vehicle Accidents)

2. Pictures showing the damage to your vehicle (Motor Vehicle Accidents)

3. Pictures showing any visible injuries to your body

4. A list of any Hospitals, Doctors, or other medical providers you have seen for treatment of your injuries.

5. Any medical bills you might have incurred to date from the accident.

6. A copy of your automobile insurance policy if you had one in effect at the time of your accident. (Motor Vehicle Accidents)

7. A copy of your Health insurance card if you have such insurance.

8. Any letters or other documents you may have received from insurance companies concerning the accident.

9. Names and contact information of any persons who may have witnessed the accident.

10. If you have lost time from work, any documents you might have which help determine your lost income.

4. What can I do personally to assist my attorney in maximizing my recovery in an accident case?

          Answer: This is a great question, as there are a number of things you can do to assist your attorney in securing the best possible result in your case. Listed below are some helpful tips for the injured client to follow:

1. If possible, take photos of the damage to your vehicle and other vehicles involved in the accident as soon after the accident as possible. This will ensure that such damage is recorded for future reference prior to repairs being made, or the vehicles being taken away and sold for salvage. If no photos have been taken prior to your free initial consultation, discuss this with your attorney so that arrangements can be made to locate and photograph the vehicle by our staff and or investigator.

2. Take photos of any visible injuries you might have from the accident and date them. This might include cuts or lacerations, bruises and contusions, or scars. Also you can and should take photos of any medical appliances prescribed for you to wear by your doctor such as crutches, braces, slings, or casts and splints.

3. Keep a record or journal of how your injuries have and are affecting your daily activities at both home and work. If the injuries are preventing you or affecting your ability to do normal activities, make a list of those for your attorney and discuss those with him or her.

4. Keep a record of the mileage you are required to drive or travel to scheduled medical appointments. You may legitimately claim these mileage and parking expenses as part of your losses.

5. Keep and retain receipts for any additional expenses you incur as a result of the accident. Provide these to your attorney so that he or she can discuss whether or not they are recoverable losses under the law.

6. If you are claiming loss of income or wages as a result of your injury, provide your attorney with W2’s or income tax returns from years prior to your date of injury so that the attorney can review and hopefully use them to help support your claim. If you have no such documents, discuss this with your attorney to determine if there are other ways to help support your claim.

7. Make all efforts to keep regularly scheduled medical and doctor’s visits with providers treating you for your injuries. Missed appointments and or sporadic treatment is often viewed by insurance adjustors and or juries as a sign the person is not really injured and will affect your recovery. If you must cancel or reschedule an appointment, call your doctor and tell them why rather than just not showing up.

8. If you are referred to another doctor by your treating physician, or decide on your own to seek additional opinions or care for your injuries, contact your attorney and discuss this with him or her.

9. Follow the advice and treatment plan of your treating doctor to the best of your ability. This will keep you in good standing with your doctor and enable him or her to accurately diagnose and document your injury. Remember that in an injury case, the most important witness you will have is your doctor. It is he or she who will tell the insurance company or a jury the full extent of your injuries, so stay in their good graces.

10. Always be honest. With your attorney, with opposing counsel, with your treating doctor. Never hide things from your attorney. You have a right to expect your attorney to be open and honest with you and your attorney has the same expectation of you. If you are worried some fact or situation will have an adverse effect on your claim then discuss it with your attorney. Remember, discussions you have with your attorney are generally privileged and will be kept between the two of you unless you say otherwise. Your attorney may be able to assure you that it will not be a problem, or if it will, discuss with you ways and strategies to minimize the impact it might have on your claim.