Index
Beverly M. Helm, JD, LLM
Illinoise (630) 690-7322
Michigan: 248-647-7960
BevHelm@aol.com
Special needs trusts,
wills,
powers of attorney and guardianships
20 years of experience
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Sponsor
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Attorneys
at Law
LEADING BRAIN INJURY LAW
FIRM
RESULTS OF PROVEN TECHNIQUE,
DEDICATION AND HARD WORK
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Sponsor
Centers for
TBI Rehab
800-296-5462 |
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206-547-1000
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Tompkins & Associates
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 9/11/01
| When to hire a lawyer |
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Physical injuries, and wage losses commonly result
from motor vehicle accidents, on-the-job accidents, defective products,
medical malpractice, toxic exposures, et cetera.
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Such injuries are known in legal terms as personal
injuries.
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Because such injuries are inevitable, a system
of laws and procedures have been designed to provide monetary compensation,
to the injured person for losses also known as damages from such
injuries.
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This specialized area of law is known as personal
injury law or tort law.
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When you suffer an injury in an automobile accident,
workplace injury slip and fall, or other personal injury due to
the negligence or wrongdoing of another you should consult a lawyer.
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It is important to consult a lawyer immediately
following the injury so that vital evidence can be collected, and your
legal rights protected..
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Aside from answering legal questions and doing
any necessary legal work, the attorney may be able to offer suggestions
such as how to obtain help in paying medical expenses.
The U.S. personal injury
system or "tort"
system is based on the principle that if a person hurts or kills someone,
he or his insurance company should pay the victim. When they do not,
society pays the price. If all accident victims sued for damages,
they would get what they deserve and tax payers wouldn't have to
foot the bill. |
| Protecting your rights: |
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The proper and timely filing of such claims in a court of law protects
the rights of the injured party to collect money for such injuries.
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However, most injury claims are resolved out-of-court through a complex,
mysterious process of evidence gathering, analysis, and settlement
negotiations.
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It is when this settlement process breaks down that a claim proceeds to
the next step, mediation, arbitration or trial.
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The proper filing and representation of a personal injury claim is best
served by an attorney possessing special expertise and training in
such cases.
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Personal injury law, like other areas of law has become increasingly specialized.
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The proper handling of such cases require a high degree of skill, expertise
in brain injury, dedication and hard work.
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| The process: |
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A process known as an injury claim is the first step toward receiving money
for personal injuries.
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To receive money for personal injuries three things must be in place.
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First of all, such injuries must have resulted from the negligence or wrong
doing of another.
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Secondly, the person responsible for the injuries must have insurance
or assets that can be seized to pay for such injuries.
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Sometimes, the at-fault party does not have insurance or has coverage
that is insufficient. In such instances, the insurance company of the injured
party might provide coverage.
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| The right attorney: |
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The importance of choosing the right attorney in a brain injury case
cannot be overstated.
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Head injury, toxic exposure, whiplash or other insults which result
in injury to the brain greatly increases the complexity of an already
very complex personal injury claim.
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In such cases the right attorney can mean the difference between a good
outcome and an unfortunate outcome; a win or a loss.
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Even a minor brain injury can result in
serious, lifelong impairments.
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Frequently, recovery from brain injury involves
the need for expensive
and extensive medical, rehabilitation,
and support services.
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The considerable
financial
demands that result from a brain injury requires that all possible financial
resources be vigorously pursued.
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The right attorney can help you identify resources
to cover the cost of medical care
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While minimum legal qualifications are adequate in many cases they are
far from adequate in brain injury cases.
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Brain injury greatly increases the complexity of the very complex claims
resolution process.
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In addition to expertise in personal injury law and medicine, lawyers handling
brain injury cases must also possess brain injury proficiencies to properly
handle such cases.
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| Once you've hired a lawyer: |
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Once you have chosen an attorney you will want to make the best possible
use of his or her services. Here are some guidelines:
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Take notes whenever you speak to your lawyer or anyone concerning your
case, also include such information as date, time and telephone number.
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Identify the person by name, title, affiliation and purpose of call.
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Refer such calls from insurance companies or defendants to your attorney.
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Summarize your discussions and/or plans.
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Stay involved, call your lawyer every few months for status checks regarding
your case.
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| Paying for medical care: |
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The experienced attorney will look at several different
sources to maximize the available resources for paying for past, present,
and future medical care for both survivor and family including:
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The financial responsibility of the insurers of
all of the parties involved such as drivers, employers, property owners,
and family health insurance policies.
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The no-fault laws of the state and how they apply
to the situation.
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Automobile and health insurance policies of the
injured party.
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The financial limitations of available health insurance
policies
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Medical coverage limitations, and whether they
can be negotiated.
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Exploration of other types of insurance such as
credit cards, memberships in organizations, or employee benefits.
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Public or private support.
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How the person's age relate to funds that might
be available.
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What funds are available for rehabilitation and
lifelong care?
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READ our
Disclaimer
and Privacy notice before proceeding!
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This
site was created and maintained by:
Brain
Injury Resource Center
PO Box 84151
Seattle, WA 98124-5451
206-621-8558
http://www.headinjury.org
brain@headinjury.org |
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