Personal Injury Services:
From auto collisions to slip and fall accidents, Mr. Cosio has satisfied his clients with fair and reasonable compensation packages. Cases are initiated by referring clients to local medical providers, establishing contacts with insurance companies, and making arrangements to recover any property damage for his clients. For cases going to litigation, Mr. Cosio can offer services in filling lawsuits, preparing and serving discovery, and taking cases to trial if the need exists.
Damages are a function of the type of injury. There are two general kinds of damages: economic damages and non-economic damages.
Economic damages also include lost wages and loss of earning capacity, past and future. An additional component of lost wages is lost benefits. These damages are most effectively presented with the aid of a forensic economist, such as Frankenfeld Associates. You can calculate this aspect of your damages on-line at this web site. You will need to know your disability rating, if any. This is normally developed by your treating physician.
Additional items for an economist to consider may include:
a) Projected costs of medical care
b) Projected costs of medical appliances
c) Projected costs of custodial care/nursing
d) Value of lost household services
e) Costs incurred in change of living environment
f) Costs incurred in change of socio-economic status
In addition, the economist in a major personal injury case should evaluate the relative attractiveness of a lump-sum versus structured settlement, including tax ramifications. Various alternatives should be considered including deferred annuities, annuities for a time certain and step annuities.
Non-economic damages include pain and suffering, and loss of enjoyment of life. These are subjective damages which are sometimes difficult to quantify. The amount of these damages varies by jurisdiction. These damages are a function of your injury, treatment, length of treatment, area of the country, and prognosis. Experienced legal help is normally necessary in order to maximize recovery for these damages.
Another form of non-economic damage is for loss of consortium. This is on behalf of the injured party’s spouse. Again, this is a difficult concept to translate into a monetary recovery, and varies by jurisdiction.
A free consultation is available to discuss these subjects further.
Statutory Damages/Wrongful Death
Damages for wrongful death are based on statute in most states. We recommend a free consultation to discuss the particulars of any wrongful death claim.
Punitive damages are awarded to punish the defendant and to deter that party and others from similar conduct in the future. Punitive damages are recoverable in a civil action if it can be proved by clear and convincing evidence that the defendant acted with malice or a conscious, reckless and outrageous indifference to the health, safety, and welfare of others. The standard may vary from state to state, but generally is the same. A punitive damages award is subject to post-verdict review under the United States Constitution in all states.
Medical Treatment and Evaluation
Typically, once you have completed medical treatment (We have a wide range of medical providers we can refer you to if you don’t have a physician of you own which works on a lean)and are stationary, your medical records are gathered and reviewed by a professional records reviewer. With their report in hand, the Law Offices of R. M. Anthony Cosio reviews your case and records and determines a value range for settlement purposes. This is reviewed with you and a settlement package is prepared for the insurance company. Your settlement package contains a multi-page letter from the Law Offices of R. M. Anthony Cosio detailing the accident facts, property damage, witness statements, medical expenses and treatment, medical records review and wage loss circumstances. Included with the demand are your medical records and medical bills and wage loss documentation from your employer. During subsequent negotiations, the Law Offices of R. M. Anthony Cosio keeps you apprized of each counter-offer and the position of the insurance company adjuster. If the case cannot be settled to your satisfaction, you may opt to have it litigated.
Accurate information relating to your accident is essential to settling your case. The insurance company of the person who hit you is going to employ an investigator to check on the facts of the accident, the location of the accident and attempt to locate and interview any witnesses to your accident. The insurance company of the person who hit you is not your friend and they will do all they can to not pay you a fair amount for your damages from the accident.
It is essential to your case that you attempt to compile the following information as soon as is possible after your accident.
Taking pictures at the scene of the accident is absolutely essential, in particular, pictures of the damage to your car and the other cars in the accident. If possible, keep a camera in your vehicle. The accident that injures you may not cause a lot of damage to your car, however, it may have caused significant damage to the car that smashed into you.
The opposing insurance company will always take the position that if your vehicle was slightly damaged, that your injuries could not possibly be serious. Your case will be greatly enhanced if you can show that the accident caused heavy damage to the other car.
While at the accident scene make every attempt to get the names of anyone who may have seen your accident. Finding these people after the fact can be very expensive. These are the people who will tell the investigators that the accident was in no way your fault. Be certain to get their names, addresses and above all, a current phone number.
Diagram of the Accident Scene
As soon as is practicable, take a moment and diagram the accident scene showing streets, cross streets and any traffic control devices that may have been present at the accident scene. Place your vehicle and any contributing vehicles in the appropriate locations on this diagram. It is imperative that you do this while the accident is fresh in your mind.
Pictures of Injured Areas
If you or anyone in your vehicle is injured, take pictures of the injuries as soon as possible, include any bruising, discolored or other injured areas. Make certain to continue taking pictures of your injuries as you heal. These pictures will be important in proving the extent of your injuries and will aid in your contention of a serious injury.
Accident investigation, like settling your injury claim by using an attorney, is something that is best left in the hands of seasoned professionals. If you feel that you need to speak to an investigator relating to your accident.
(Note: Laws vary from state to state. The legal discussions contained herein are general in nature, but some of the concepts apply only to California law. The law in your state may be different. You should never attempt to analyze the legal ramifications of your own case. Always consult an attorney immediately if you believe you may have a legal problem).
The information contained on the Law Offices of R. M. Anthony Cosio web site is offered solely as a public service and is not legal advice. Changes in the law may render information on this site out of date or inaccurate. Therefore, please do not rely on this information to make legal decisions without first speaking with qualified legal counsel. No attorney-client relationship is created or intended to be created by the contents of this web site.
The Law Offices of R. M. Anthony Cosio does not warrant or guarantee the accuracy of the information on web sites linked to our web site. Such links are provided solely for informational purposes. Content on such sites may change and become irrelevant or offensive. The Law Offices of R. M. Anthony Cosio has no control over the content on such sites and requests that you advise us should you have any difficulty with any of the links.