Personal Injury Law

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With over 30 years of experience handling personal injury cases, Gerard & Associates has a long track record of success representing injury victims. The following are just a few of Gerard & Associates's successful personal injury cases:

Watt v. Williams.  Gerard & Associates recovered damages for a man who suffered extensive leg injuries when his leg caught in a hitch on a snowy day.

Kessler v. Hartford Insurance Company. Recovered damages for a woman who suffered extensive back injury after being involved in a hit and run.

We can help you with the following:

• Auto Accident
• Auto Defects
• Bicycle Accidents
• Brain Injury
• Burn Injury
• Cold Therapy Lawsuits
• Construction Accidents
• Cycling Accidents
• Depuy Hip Replacements
• Dog Bite
• Food Poisoning
• Medical Malpractice
• Motorcycle Accidents
• Nursing Home Negligence
• Premises Liability
• Product Liability
• Product Recalls
• Sexual Abuse
• Spinal Cord Injury
• Tire Defects
• Truck Accident
• Vehicle Rollover
• Wrongful Death
• Other Significant Injury

If you or a loved one was injured due to any negligence that caused the accident then Gerard & Associates can help. We have recovered millions for our clients, and have helped recover damages for:

• Pain and Suffering
• Medical Costs
• Lost Wages
• Future Medical Costs
• Rehabilitation Costs
• Loss of Future Earnings

Contact Gerard & Associates today for a free case evaluation.

Q. What should I do after I have sustained a personal injury?

A. First, seek immediate medical attention for your personal injuries.  Clearly explain to your doctor, or to the emergency services personnel, where you have been injured and how you sustained your injuries.  The attending physician will memorialize your injuries in your medical records, which will help you and your doctors manage your future treatments.  In addition, these records will provide the evidence necessary to prove that your injuries were connected to the accident, and the reasonable damages that you are entitled to for your harm. 

As you seek medical attention, make sure you keep a detailed record of the following:

1.      Take pictures of your injuries

2.      Keep records of all your medical appointments and treatments.

3.      Records of the medication taken.

4.      Your lost time from work and other activities.

5.      The pain you experienced.

6.      Keep track of all the expenses you have incurred.

7.      Keep notes of all conversations with your doctors and medical personnel.

Next, you should preserve the evidence. 

1.      Write down the names, addresses, and phone numbers of all potential witnesses to the accident. 

2.      Take photographs of the accident scene and the source of the actual injury from different angles.

3.      CAR ACCIDENT - If you were in a car accident, get license plate numbers, names, phone numbers, addresses, and insurance information from all the drivers. 

4.      DEFECTIVE PRODUCT - If you were injured by a defective product, do not return it to the retailer or manufacturer and do not throw it away.  Make sure that you keep the product in a secure place and do not alter it in any way.  Your product will need to be examined by experts.  If your product is in someone else’s possession, seek an attorney’s help.  An attorney may be able to file a temporary restraining order and a preliminary injunction to avoid the destruction of the product.

Contact an experienced attorney who knows how to preserve your rights, and who will fight for you.

Q. Can’t I just deal with my insurance adjuster?

A. We don’t recommend that you deal with your insurance adjuster on your own.  Insurance companies are typically looking out for themselves and not for you.  Their first priority is to make a profit.  Consequently, they have a strong interest to try and not pay you any money, or to settle the case quickly for the least amount of money possible.

Be careful before you settle with your insurance company.  Once you have accepted a settlement, you cannot ask for additional compensation.  Many times, we find that injury victims later discover that their injuries were much worse than they had originally thought.  This could lead to additional medical expenses and longer disability. 

Consequently, it’s important that you contact an experienced attorney to discuss your personal injuries before talking about them with anyone else.

Q. What can I recover in my personal injury claim?

A. There are two types of damages in personal injury cases: (1) compensatory damages, and (2) punitive damages.  Punitive damages are usually awarded to a victim, in addition to their actual damages, when a defendant’s conduct has been especially malicious or egregious.  They are intended to punish the defendant for his or her reprehensible conduct and to act as a deterrent to prevent the defendant and others from acting the same way.

Compensatory or actual damages are intended to cover all the expenses and harm caused by the personal injury. Your family members may also be entitled to recover if your injuries in certain circumstances. Damage awards can include the following:

• Medical expenses - This includes expenses for any medical services related to your injury.  This may include services from doctors, hospitals, ambulance fees, medication, and services from nurses or other health care providers.
• Pain and suffering - This is an award to compensate you for past and future physical pain caused by your accident.
• Lost wages - Lost wages are used to compensate you for any wages you would have made, but for your injury, up to the time of a judgment or settlement.
• Impairment of earning capacity – Sometimes your injury may reduce your ability to earn money in the future.  If that happens to you, then you may be compensated for that loss. 
• Future medical expenses – If your injury requires that you receive future medical treatments, then you may be compensated for those services.
• Mental anguish - This type of damage applies to certain circumstances of mental suffering or emotional distress.  This may include the mental suffering from disfigurement, or witnessing the death or catastrophic injury of a loved one.
• Loss of consortium – These damages are used to compensate an injured or deceased’s spouse for the benefits the spouse may have lost because of the accident.  Benefits lost the spouse may have lost include companionship, comfort, affection, or sexual relations.  It is usually the spouse of the injured who makes these claims.
• Loss of society and companionship – This is a damage that is usually awarded in a wrongful death case to immediate family members of the deceased.  It is used to compensate those family members for the love, comfort and companionship they would have enjoyed, had their loved-one not passed away.
• Property damage - You may be awarded for expenses related to any property damages.  For example, you may be entitled to damages for your wrecked vehicle. 

Q. How long do I have to file my personal injury claim?

A. Typically, the statute of limitations for personal injury cases is two years.  If you are alleging negligence against a public entity, municipality, or public employee, then the time is much shorter.  In these cases, a claim must be filed within six months from the date of the accident. 

Once the statute of limitations expires, then you have lost your legal recourse.  That is why it’s important that you call an experienced attorney today to fight for your rights.

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