Personal Injury and Wrongful Death

We have handled many cases on behalf of seriously injured Plaintiffs. Most frequently, the injuries have come about as the result of car accidents. Typically we will collaborate with a personal injury client before the filing of suit on at least the following matters:

• Gathering facts and information important to the allocation of fault for the accident, e.g., accident reports, witness statements and relevant photos;
• Researching applicable law such as Vermont’s statutes concerning operation of motor vehicles or regulations promulgated by the Federal Motor Carrier Safety Administration;
• Acquiring all relevant medical information from treatment providers and learning about the client’s injuries, prognosis and any permanent impairment of function;
• Assembling documentary supports for the client’s damage claims. This usually includes medical and prescription bills, and often includes lost wage supports such as pay stub and tax return information, among others;
• Obtaining information about the amount and type of insurance coverage that may be available to respond, including potential coverage within the client’s own policies;
• Analyzing various insurance coverage issues including liability, medical payments and no-fault insurance and the interplay of health insurance benefits and subrogation claims under traditional and employer-sponsored ERISA policies, (See, Insurance Law); and,
• Getting to know the client to try to gain a full understanding of how the accident has impacted their lives.

This process can be laborious but it tends to give us the information necessary to explore legal options with the client and also allows us to make a persuasive pre-suit settlement presentation to the other party’s insurance company, or self-insured defendant.

Occasionally, pre-litigation settlement of the claim cannot be achieved to the client’s satisfaction. In such cases we will often file suit on the client’s behalf, if that is advisable. Multiple principals have successfully pursued lawsuits all the way through jury trial and appeal.

We have experience representing both claimants and defendants in personal injury and wrongful death cases. For example, in 2014 the firm handled two separate wrongful death claims, once on the plaintiff’s side of a case, and once as counsel for a defendant. Our experience defending personal injury claims provides valuable perspective that informs our representation of injured claimants. We have elected to stop representing insurance carriers in injury cases.

Professionals Practicing in this Area