Personal Injury/Wrongful Death Litigation

Whether we like it or not, there are many reasons a person can wind up in a dispute in court. More importantly, a person should know when it is time to turn a dispute over to a lawyer. Donovan Law attorneys are trained to handle a wide variety of cases in the area of civil litigation.

In today’s world, not every case has to become a jury trial. Donovan Law attorneys are focused on the fact that you want a quick, beneficial outcome. Many times you would even like to remain friendly with the other side. We can help you realize these goals by researching every angle‚Äîfrom a simple phone call to arbitration and mediation.

However, if the problem has become so large and complex that the parties cannot resolve the dispute themselves, Donovan Law attorneys are also skilled trial lawyers.

Donovan Law represent individuals with the following injuries and/or situations:

  • Auto Accidents
  • Joint, Spinal Cord, Neck, and Back Injuries
  • Tramatic Brain Injuries
  • Drug Overdose Injuries
  • Brain Damage
  • Severe Burns
  • Amputations
  • Premises Liability/Slip and Falls
  • Assualt and battery

Here are some commonly asked questions:

Q. How much is my case worth?

A. This is one of the most difficult questions attorneys are asked. In order for us to properly evaluate your case we will look at the following:

  1. Liability of the other party
  2. Past medical bills
  3. Future medical bills
  4. Past lost wages
  5. Loss of future earning capacity
  6. Pain and suffering

While there is no exact formula to determine what your case is worth, we will collect all pertinent evidence concerning your case. During this time we will determine whether there are any inconsistencies in testimony and/or medical records that will allow the other side to take away credibility from your case. Once we have collected all pertinent information, we will be able to provide you with an “estimated value range” for your case.

Q. How long will my case take to conclude?

A. On average, most general negligence cases take between six months and a year to conclude. However, it should be noted that this is only an estimate. The complexity and merits of your case are determinative of the speed in which the case can be resolved. In addition, we need to ensure that you have fully healed from your injuries and that all medical bills and other information (including any further medical conditions and needs) are all obtained prior to reaching a settlement.

Q. What is a letter of protection and what does it mean to me?

A. A letter of protection is written on your behalf if you do not have insurance coverage or (in Kentucky) if PIP benefits have been exhausted. Many times physicians and medical facilities will allow you to keep treating with them so long as they receive a letter of protection. This LOP typically states that once a settlement or damage award has been obtained, the medical provider will be reimbursed for their services. While this does not allow you to avoid paying for your treatment, it does allow the extra time you need to recover funds from your insurance company or from a settlement. (Please note that a Letter of Protection does not release you from responsibility for any medical, doctor, and/or hospital bills, etc. It only allows you extra time in which to make your claim and pay your bill).

Q. Why do I want to use my insurance company when I didn’t cause the accident?

A. (Kentucky Only) In Kentucky you are able to make a claim for personal injury protection benefits (PIP) with your auto insurance policy. This allows you some money for accident related recovery. This coverage is often referred to as “no fault” insurance and has been designated under your coverage to pay 80% of your medical bills and 60% of your lost wages, up to $10,000, whether you were at fault in the accident or not.

Q. Why do I have to pay costs or expenses for my case?

A. In personal injury cases, and other similar type cases, we will often use what is known as a Contingency Fee Contract. This contract allows us several options. In regard to fees, it allows us to collect a set portion of the monetary recovery as well as payment of costs by the client. Usually, we are able to keep costs down to a minimum in the pre-suit and early litigation stages. However, if your case proceeds to trial, the cost of litigating these cases can be very high.

Q. Why do we have to “file suit” and what does that mean to me?

A. Filing suit is another way of saying filing legal papers at the courthouse. This is done only with your permission after all other efforts have been exhausted to resolve the matter. Unfortunately, over the last several years insurance companies have become more aggressive in their defense of these types of cases and, as a result, more and more people are being forced to “file suit”. Keep in mind, though, that just because we are forced to file suit in your case does not mean that your case will ultimately go to trial before the court. It has been our experience that most cases settle prior to trial.

If you feel you have a personal injury or wrongful death claim or have other questions, please call or email our office to speak to one of our attorneys.