Robert W. McNally is an exhperienced attorney who rides. We offer free legal consultations and make house calls for your Georgia and Florida motorcycle injuries. There is no charge for recovery on motorcycle damage. There is no fee for your case unless we make a recovery for you.* (We only get paid if you do.)
Your Case
1. Our office will initially investigate your motorcycle accident case. The investigation includes obtaining photographs and/or video of the motorcycle accident, witness statements, police reports, and any other information that may be available to determine how the accident happened, and who is responsible. In some situations, we will hire a special investigator to for a more in-depth discovery.
2. As the investigation is being conducted, our office will prepare a letter to each of your physicians and request medical records. We may also wish to contact the physician to personally interview him before receiving a written report. Photographs of your injuries may be requested, beginning with the initial injury through the healing process, and of any permanent scarring.
3. The insurance company (or companies) will want a list of out-of-pocket expenses from you with copies of supporting documentation. These are called special damages, and include doctor bills, hospital bills, medical bills, any loss of earnings or income that occurred as a result of the motorcycle accident, as well as any property damage. For damaged property items, please provide receipts, repair estimates and photographs of your motorcycle, if available.
4. Any inquiries from the person responsible for your injuries or their representatives, including their insurance company, should be referred to our office. DO NOT discuss the details of your motorcycle accident or your injuries with people who are not entitled to that information. If an insurance company representative contacts you, inform them that you are represented by our law firm and refer them to us for any information they seek. DO NOT MAKE STATEMENTS TO THEM. If you have already made statements to any insurance company representative or anyone else, notify us immediately of these statements so we can obtain a copy of them.
5. In some cases, insurance companies may directly relate the value of a case to the special damages. This is often an unrealistic value, because major factors such as physical pain, suffering, and the loss of your capacity to lead a normal life, may have a greater impact on the value of your case than the damages suggests.
6. In order to obtain a reasonable value of your case, we will research jury verdicts for similar cases. We will then make the best estimate of the smallest Florida jury verdict we could obtain, the largest Georgia verdict we could obtain, and the probable verdict. We will then demand for this estimated figure, based on our years of experience and research.
YOUR MEDICAL TREATMENT
1. You are entitled to the best medical care available to treat or to minimize the effects of your motorcycle injury. It is essential that you obtain copies of bills and receipts for all medical expenditures you have made. We need your assistance in keeping us informed on your recovery process, and details on the impact of the accident to your way of life. One of the jobs of the legal assistant handling your case is to accumulate all of these medical records and expenses. It is important that you communicate with us during the course of your medical treatment and with any questions you may have regarding your treatment.
2. You should continue to go to a doctor as long as your injuries continue to bother you. Cooperate with your doctor in every way, and relate to him truthfully and fully all symptoms that you have that were a result of this accident. Answer completely all questions that he asks you. Medical treatment often takes time to produce results. Please be patient with your recovery progress, and continue to obtain the medical care you need.
3. If you have had prior injuries, particularly to the same area of the body, you must let us know. This information often appears in medical records, and it is not in your best interest to attempt to hide that fact. As long as we are made aware of any prior or subsequent injuries, we can deal with them.
4. One of the most significant factors affecting the value of your lawsuit is whether we can establish by doctor testimony that you have suffered a permanent injury because of the motorcycle accident. Doctors know from experience that the full extent of a person's injuries is usually not known until several months after the accident. It is important for you to advise us of your medical progress, including when your doctor refers you for physical therapy or to another doctor. We will then be able to get complete copies of all your records, which is of utmost importance in documenting your case. Please do not discuss your ongoing legal case with your medical providers.
UNINSURED MOTORIST COVERAGE
There are situations where the driver of the other vehicle had no automobile/motorcycle insurance or had automobile/motorcycle insurance in the least amount that can be carried by law. In most states an injured person is permitted to make a claim for his pain and suffering under his own insurance policy if he has uninsured motorist coverage. Sometimes this coverage may be the only source of recovery for yourself or your family for the negligence of another driver. It is also important to report the motorcycle accident to all insurance polices of motor vehicles in your household as soon as possible (this includes automobile polices and policies of household relatives).
The Settlement Demand
We will exhaust all resources to settle your Florida motorcycle case with the insurance companies. If a fair offer is not tendered, then we will file a lawsuit against the negligent parties.
In the state of Florida, you are permitted to file a lawsuit within four years from the date of the accident. This time period is provided for by law and once that time period has elapsed, you are forever barred from pursuing your claim. We usually will not initiate a lawsuit until the permanency of your injuries becomes known or until this time period is about to elapse, whichever comes first.
In order to recover the maximum amount possible, we wait to see the full extent and permanence of your injuries before we decide on a specific amount. This way, we are able to recover an amount proportionate to the nature and extent of your motorcycle injuries.
During the course of the lawsuit, we will take testimony from all witnesses and doctors who may be involved in the case. The attorney for the defendant request your deposition. A deposition is oral questions given to you under oath in an informal setting. Your attorney will be present with you during this time and will adequately prepare you before your deposition. This phase of the lawsuit is called discovery, and its purpose is to attempt to narrow the issues for trial. There are certain damages that you are entitled to recover in most lawsuits. These include:
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Past pain and suffering
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Future pain and suffering
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Loss of income
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Future loss of income and loss of earning
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Out of pocket expenses, such as doctor bills or other medical bills and property damage that has not been reimbursed to you.
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Loss of consortium on behalf of the non-injured spouse. That is the loss of services of an injured spouse in all ways that the spouse renders service to his or her mate including housekeeping, lawn mowing, maintenance, cooking, companionship, and sexual relations.
We will not settle your claim without your permission, and we are bound to advise you of any offers of settlement that are made to us on your behalf.
The following is a list of important things that you can do to help us in our representation. This list is designed to help you furnish us with information that is of great importance in preparing your case for both trial and settlement purposes. You should keep us informed of any changes that may occur.
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A diary of your activities with emphasis on restriction of the activities caused by your injuries, specific pains and the frequency of them, the frequency of medications taken, and the kind of medication. This diary may be useful to refresh your memory as to the occurrences that might be forgotten. This should be kept personal and may be as simple as jotting remarks on a calendar when appropriate.
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Any physical objects such as shoes or clothing that you had on at the time of the accident. We may need to use them as evidence at trial.
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Provide our office with itemized receipts of:
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Hospital bills
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Doctor bills
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Ambulance bills
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Nursing bills
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Prescription bills
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Any other expenses you incurred such as
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Travel expenses
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Additional help around the home or work (including baby-sitters, domestic, or yard help)
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Names of neighbors, friends, co-workers, or relatives who knew of your activities both before and after the accident
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Any other information you think may be helpful to your case
Please do not hesitate to call me with any questions you may have. We will do our best to represent you fairly and aggressively and will keep you informed of the progress of your case.