5th Dec 2013

No one wants to be involved in an injury or other situation that causes pain, loss of pay, or even death.  Add on the challenge of litigation, and sometimes your situation may feel hopeless.  There are individuals, businesses, opposing lawyers, insurance companies and other nameless and faceless entities that seem to be working together to question your claim, and endless resources to keep you from mitigating any of the damage that’s been done to you.  You may just feel like giving up and accepting your bad fate.

Don’t Give Up Before the Game Has Even Started

When you think of all that’s involved, it may be tempting to not even try for justice, assuming that not only will you not receive it but fearing that you will have to invest money you don’t have for something that will only put you further in the hole.  It’s important at this point to not jump to any conclusions – you need an objective look at your case and a better idea of what may be involved.

In a tragic case we handled recently, the victim fell in a store causing catastrophic injuries, eventually resulting in her passing away.  With no witnesses, and no cooperation from anyone in the store, the case seemed hopeless and doomed from the outset.  Now if lightening just struck someone walking to their car, one may just have to accept the sad truth that nothing truly could be done.  But in this case, there were people and circumstances that very likely could have contributed or directly caused this senseless loss of life.  Just because the convenience of a reliable witness was not an option doesn’t mean that negligence wasn’t at play.  So speak to your experts, and find out what ideas they may have to circumvent the initial roadblocks to justice.  They likely have many options you would not have thought of.

You are Not Alone: Know What Resources are Available to Help You

The tools and know-how that “the other side” has may seem overwhelming; how are you going to have access to as much information and power?  The good news here is that you don’t have to know all of these things – you just need to have someone on your team who does know these things.  There are very good reasons why people who are involved in a personal injury or wrongful death situation go to a legal specialist in those practice areas, and not just any attorney.  Why do we hire a specialist for any situation in our lives?  To access someone with experience, know-how, training, ideas and access to things that we couldn’t possibly know nor do ourselves.

In our example case, creativity and perseverance made the difference as to recovering financial benefits to the victim’s family.  Forensic experts were hired in the biomechanical and architectural fields, and photographs were taken as they were able to evaluate every position and place in the store.  This expertise is frequently utilized in criminal courts to show point and position of a victim before and after the crime. These experts then evaluated the physical injuries and the stress and pressures in the resulting fractured bones.

How Perseverance Eventually Did Pay Off

Nothing could ever possibly “make up” for the death of our victim; no payout could ever change the wish of the family to just have their loved one back. But fortunately this tragedy was not made worse by a miscarriage of justice.  Despite no witnesses, our experts were able to give an opinion that placed our client on the ramp, and the finding stood up in court.  Our knowledge of and investment in these additional forensic resources resulted in a victory for our client in civil court and a substantial financial recovery.  The victory signified not only a partial supplement to the expenses financially of a life lost, but an acknowledgement that this accident was not the fault of the victim, and that someone was indeed accountable for this preventable tragedy.

When you’re already in a bad situation, it can be difficult to muster up the strength and patience to get through a legal case, especially if it doesn’t seem to be a slam-dunk from the start.  Let us provide the strength, patience, perseverance, and know-how to allow you to get through this with your self-worth and dignity intact.

Stief Gross & Sagoskin P.C. has over 35 years of experience providing workers’ compensation representation – from filing to litigation, temporary pay, and lump sum payout – in Bucks, Berks, Lehigh and Philadelphia counties.

Comments (1)

  • Eileen Martin on December 9, 2013 at 11:17 am

    Sometimes it's comforting just knowing that someone is advocating for the victim, especially if they passed. So hard for the families. Reply

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