Frequently Asked Questions
I.
What does our eConsultation & Free Case Evaluation Consist of The Cary Schulman Law Firm?
Answer:
Our law firm provides Case Evaluations and
Consultations and with a
lawyer via
2) Telephone or Facsimile
3) In person or
4) all of the above if needed and desired. Simply submit the
eConsultation
form or
call us at 214-739-0100.
A Firm lawyer will personally review and evaluate your case and
provide legal counsel and advise you of your rights and provide you
with guidance necessary to make important initial decisions
regarding your case. We usually respond to
eConsultation
requesting internet response within 4 hours or sooner, via telephone
immediately when you call the process begins and if a lawyer cannot
take your call immediately, will return your telephone call
promptly. In either case, you are free to meet in our office
in person and we will even come to you. For
serious injury and
wrongful death cases no matter what state you are located in, we
have no problem scheduling a distance visit to see you for your
FREE CONSULTATION This is only applicable in a
personal injury
case or unfair insurance case. Our firm offers our commitments in
writing.
II.
Do I need a Lawyer?
Answer:
If
you have a potential legal issue, it is important for you to find
out as much information and educate yourself so that you are in a
position to make appropriate decisions and so you should at a
minimum,
consult with an attorney or two or more until you feel
satisfied that you have the information you need to make the
decisions facing you. So
YES, you need to at least consult
with a lawyer if you have an issue that brought you this far.
We offer
Free eConsultation
or you may call and speak with an
attorney today and learn what rights you have and if you have a
case.
III.
What kind of lawyer do I need?
BUSINESS LITIGATION LAWYER: If you have a business dispute,
either business to business or an individual or a business, you need
a lawyer that is experienced in this area. At the Cary
Schulman Law Firm, we have been representing individuals, partners,
members, officers and directors, corporations both small and large
and all types of entities in business disputes since 1996.
Unfair
Insurance Practices or Bad Faith At the Cary Schulman Law Firm we
have been suing insurance companies who wrongfully deny claims and
engage in unfair settlement practices since 1996. The Cary
Schulman Law Firm focuses on the above three areas of practice and
represents clients every day of the year in all three
types of
cases. This is what we do!
IV.
Do I Have A Wrongful Death Case and If So, What Damages
May I Recover?
Answer:
These are two essential questions that we understand you need
answers to before making any decisions. Therefore, we provide
you with answers regarding whether you have a case and a Qualified
Legal Opinion of the Approximate Value or Value Range of
Your Potential Claim.
Cary W. Schulman and The Cary Schulman Law Firm based out of Dallas,
Texas, Personal Injury Lawyer, take
wrongful death cases throughout
the United States and provides
free cases evaluations and free consultations.
When injured by wreck less, careless or negligence or intentional
conduct such as an inattentive truck driver or an unsafe product,
workplace or construction site, or an assault, most people want to
know two important items: "Do I have a good case?" and "What is the
value of my case?" You also need to know which family members
can bring a
wrongful death claim or case.
Trial attorney Cary W. Schulman, The Cary Schulman Law Firm
attorneys and staff and the attorneys and experts and team of
professionals utilized in each case accepted collectively have
handled thousands of
personal injury, and
wrongful death
cases on
behalf of clients in the
State of Texas and other states within the
US. Contact us for a
free evaluation of your potential claim for
damages.
V.
Do I Have a Case? Do I Have A Wrongful Death Case?
How do I know if I have a
wrongful death case or
negligence case?
The primary issue is whether liability
can be established and negligence shown based upon the actions or
inactions of other person or company. The laws of each state are
different, but essentially, if someone has failed to meet the
minimum standards in an industry or has acted with disregard for the
rights welfare and safety of another, they are liable for their
actions. If more than one company contributed to the
injury or
death, all are potentially liable. At The Cary Schulman Law
Firm, to determine whether or not you have a case, often time’s
experts are called upon for their expertise in a particular area.
For example, if the
deceased fell off of a platform in a
warehouse,
a
warehouse
safety expert could be used to determine whether or not
the employer installed proper safety measures or properly trained
its employees and in a highway accident involving a truck, an
accident reconstructionist may be used to determine who switched
lanes first and at what point in the road the vehicle first struck.
See some of our recent cases.
You have a good case if we can establish
negligence, causation, and
show that you were physically, financially, and/or emotionally
injured or harmed. Cary Schulman and his team of
professionals and
highly experienced and aggressive staff have the experience to
determine liability in tough cases and prove it to an insurance
adjuster or a jury if necessary.
Contacting a lawyer quickly
is critical to preserving evidence that supports your case.
What Is My Case Worth?
ANSWER: One cannot predict what a particular jury will do and how a particular trial will go and there is no magic formula that can calculate the damages you would receive. Personal injury litigation is not a science which can determine how much will be awarded for a particular set of circumstances, but rather it is an art and good experienced lawyers can quantify the range of value of a case using the maximum potential of a case and its likelihood of success. Further, your claim is worth what your attorney can convince an insurance company or jury to pay. Common sense plays a big role as well as calculated economic loss.
Some factors used in determining damages include actual economic loss that is lost income and revenues as well as non-economic losses as commonly referred to as pain & suffering, mental anguish and loss of life.
CAR ACCIDENT FAQ
I.
Total Loss of Your Vehicle
When your unit is considered a total loss or is “totaled” you may
ask for a rental for up to 30 days after an accident with most
insurance coverage. You may start looking for another vehicle and
can also verify the vehicle payoff amount with any financing lender
you may have. Compare amounts with newspaper ads or the
Kelly Blue
Book values or with local dealerships. Always check around and if
the insurance carrier offers an amount smaller then what you have
seen, consult your attorney
for advice. An experienced
personal
injury attorney can also help with negotiations on the amount for a
fair settlement on property damage.
Rental Vehicle
You may need a rental car because your car is not drivable or your
car is being repaired. If your vehicle is drivable, you will
not be entitled to a rental car until the vehicle is in for repairs
and the at-fault driver's insurance has accepted liability. One
should coordinate the rental with repair of your vehicle through the
property damage insurance adjuster, which is usually different, then
the injury adjuster. Again, DO
NOT discuss the case or your
injuries with any adjuster. At the Cary Schulman Law Firm, we
assist you in obtaining a rental at no charge*.
If your vehicle is not drivable due to an auto accident
you have the following three options:
a. Secure a rental
vehicle on your own and we will seek reimbursement when we settle
your case. Of course, we may have to file a lawsuit and if so, will
seek reimbursement in the lawsuit. Keep in mind that there is no
guarantee you get reimbursed and if file a lawsuit on the rental as
well, a fee is charged. Get a vehicle in a similar "class" as yours
and be reasonable as you are entitled to a rental which is identical
or a reasonable substitute.
b. Wait until the
adjuster determines liability and they will put you in a rental
vehicle with our assistance and pushing of course. However, there
may be a delay depending on the adjuster, the insurer, and how busy
they are.
c. If you have
insurance and you have "rental coverage" you can immediately get a
rental vehicle through your insurance.
III.
Property Damage
If the at fault driver's insurance company accepts liability; they should start the repair process. You may take the vehicle to any shop you want and have the shop repairmen call the adjuster. The shop and the insurance company will do the work. If liability is unclear or the other driver's insurance is delaying repairs, you may have your own insurance repair the vehicle immediately. It is up to you. Remember, you may choose any shop to do the repairs. Simply take your vehicle to the shop of your choice and have them call the property damage adjuster. You may speak directly with the adjuster handling the property damage, but DO NOT discuss your injuries or the case. Again, if the at-fault driver's insurance is not accepting liability for the accident or if they are investigating liability, you may have your insurance company repair the vehicle and your insurance company will seek reimbursement from the other insurance company. This always speeds up the repair of your vehicle as the other insurance company does not owe you a legal duty to do so if they believe a long investigation is warranted.
IV.
Attorney-Client Privilege
The attorney-client privilege protects the communications between an
attorney and his client and keeps them confidential. Therefore, our
communications with you, both written and oral are completely
private and confidential and should never be disclosed. The
attorney/client privilege is crucial to the American Justice System
because it allows citizens to freely speak with their lawyer without
fear of it being disclosed. However, there are a few exceptions to
this privilege. For example, an attorney must disclose information
that he or she believes will prevent
death or
serious injury to
another person, and in instances in which the attorney must defend
himself in a suit for legal malpractice. Additionally, the privilege
does not apply if the client is seeking the services of the attorney
to assist in a future fraud or crime.
V.
UM/UIM
Texas laws
require that every driver carry a minimum of $25,000 liability
insurance per person on their vehicle, which is often not enough to
cover the damages from an automobile accident. Additionally, there
are many drivers who drive, illegally, without any insurance at
all. For these reasons, it is a good idea to carry
uninsured/underinsured (“UM/UIM”) coverage on your insurance
policy. If you show that you were injured by an uninsured or
underinsured motorist, your UM/UIM policy should pay for liability
that exceeds the amount that the at-fault party’s insurance will
pay, or all of your damages if the at-fault party is uninsured.
You or a member of your family or household must carry UM/UIM coverage in order to make a UM/UIM claim. However, that does not guarantee that your insurance carrier will readily pay on a UM/UIM claim despite the fact that it is coverage you have been paying them for. Although you are paying the premiums for UM/UIM coverage, your insurer may come up with many excuses as to why they do not want to pay on your UM/UIM claim.
Our firm and the experienced
personal
injury lawyers here are familiar with all the insurance carriers’
arguments and can aggressively represent your interests to get the
settlement you deserve.
Attending Visits to Doctors
Post-accident treatment for injury sustained in an accident is very
important to your case. If you have been injured and are seeing a
health care provider for treatment of your injuries, there are some
important items to remember:
a)
Be diligent about seeing the health care provider when scheduled so
that the doctor can properly evaluate your injuries and timely treat
your injuries. Lapses in treatment or missed appointments will cause
the insurance carrier to question the seriousness of your injuries
or your own interest in the treatment and therefore, negatively
affect the value of your case.
b) Talk to your doctor about every aspect of your pain and
injuries so that these will be included and documented in your
medical records. These documents are used during the negotiations of
your case and are important in obtaining the fairest settlement.
c) Continue treatment for as long as is necessary. You
are less likely to be fully compensated for pain you may have if you
discontinued your treatment. However, keep in mind that running up
medical bills unnecessarily will be viewed with suspicion. The
medical attention you receive should be reasonable and necessary.
d) If you need to see a medical provider and do not have
health
insurance or cannot afford to see one, let us know. We can usually
assist in getting a medical provider to treat you on the promise we
will pay him later after we settle.
What do you do after an accident?
There are things to remember that must be done promptly after the
accident. First, exchange insurance information with any other units
that are involved. Always keep a disposable camera in your vehicle
and take pictures of the other units that are involved in
accident. Pictures of streets, the
location, and of the weather the
day of the accident will be helpful. It will also help with
obtaining fair reimbursement for property damage. Also take notes of
how the vehicles were positioned after the accident. Obtaining the
phone number and
address of any possible witness may also be crucial
in a case.
Then call in a police report of the accident. Receive medical
attention as soon as possible for anyone in the incident. Also, take
pictures of all injuries that were caused by accident, including
bruises, scratches, and cuts. It would be helpful if a notebook or
diary is started with all the details about the accident, your
injuries and expenses. Include in the diary any questions you have
for your doctor or attorney.
1. DO NOT
Admit fault or apologize.
2. DO NOT
Tell anyone that you’re “OKAY”. The pain always comes after the
accident. Usually during an accident you may have an adrenalin rush
and won’t feel anything for a few hours or a day after wards.
3. DO NOT
Discuss the case with anyone besides your attorney or your doctor.
4. DO NOT
Sign anything that you are not sure of until your attorney reviews
the case.
ALSO SEE SERIOUS INJURY & WRONGFUL DEATH
OR
GIVE US A CALL
(214) 739-0100 Habla Español
*Contingency
Fees (charging no fees unless and until we recover) do not apply
to Business Litigation Cases and Civil Litigation Cases. In
Injury Cases, Negligence Cases, and
Personal Injury Cases we provide
Free
Consultations and Case Evaluations and Charge No Fees, Court
Costs, or Expenses Unless We Recover. We also advance all litigation
costs. If
we do not recover, you pay us nothing. However, you are
responsible for any and all medical bills you incur.
Copyright © 2002-2009 by the Law Firm of Cary Schulman, Dallas, TX (214)739-0100. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.