Client Process

At Feroleto Law, we have a close relationship with each of our clients, and we’re inspired by how hard most clients try to get back on their feet after being injured in an accident. From the moment you contact our firm all the way through case resolution, we’ll walk beside you every step of the way. We’ll make sure we answer all your questions, explain your legal options, and negotiate aggressively on your behalf. While every case is different, what follows is a general map of the client process:

STEPS FOR THE LEGAL PROCESS

click on each step to take you to a detailed process

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STEP 1: INJURY

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You or a loved one are injured in a car or truck crash, construction accident, or other serious event. This includes injuries that result in wrongful death.

STEP 2: CONTACT

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You find our law firm through a Google search or referral from another client or attorney and then reach out to us by phone, email, or online chat.

STEP 3: ASSESSMENT

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A paralegal will quickly respond by answering your questions, discussing your legal rights, and making sure you’re getting medical care. If we believe we can take the case, you’ll be connected so you can talk to an attorney.

STEP 4: RETENTION

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If you decide to hire us, you’ll sign a letter of retention either electronically or by visiting in person. We are paid on contingency in personal injury cases, which means you pay no legal fee if we do not obtain a recovery; the fee is based on a percentage of the settlement agreement or jury award. We work hard to maximize your recovery.

STEP 5: NOTICE/EVIDENCE PRESERVATION

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We’ll contact the appropriate insurance company(s) and let them know you’ve retained us as your legal counsel, and let them know that all communication should be sent to our law firm going forward. We’ll also send evidence preservation letters to all entities related to the case to ensure that evidence is preserved. This can include police reports, video surveillance, medical records, emails, electronic data, and other critical evidence that are essential to your case.

STEP 6: MEDICAL CARE

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We’ll make sure that you’re getting the medical care you need. After you’re discharged from an ER or hospital, we’ll help you determine if you need to see a specialist to get additional medical tests.

STEP 7: DOCUMENTATION

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We’ll gather photos, lost wage verification, police and EMS reports, medical test results, black box data (in appropriate cases such as truck accidents), surveillance video, insurance information, medical prognosis, accident scene investigation report, and other documentation to establish negligence and show the damages you have suffered.

STEP 8: DAMAGES

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We will evaluate your out of pocket financial losses such as lost wages and medical expenses, past and future, and a range of what a jury might award you for harms such as pain-and-suffering. We will discuss the full value of the harms to you when advocating with the insurance company for you.

STEP 9: NEGOTIATION

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The insurance company may agree to the damages we request, counteroffer with a lower dollar amount, or refuse to pay anything. Typically, negotiations are ongoing and can become particularly intense as a trial date draws near.

STEP 10: COMPLAINT

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We’ll file a lawsuit in court (unless the insurance company has already consented to pay agreed-upon damages). This launches a series of legal filings that include questions and answers, requests for documents, and motions and objections from both parties.

STEP 11: PRE-TRIAL PROCEEDINGS

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The plaintiff’s and defendant’s attorneys will take testimony of both parties under oath; secure information of witnesses, doctors, and others who may testify about circumstances surrounding your accident and injuries. At this point, the defendant can also ask to have their own doctor assess your medical condition.

STEP 12: MEDIATION

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A judge often asks both parties to participate in non-binding mediation to see if a settlement can be reached and a trial avoided.

STEP 13: BEST OFFER

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Sometimes during pretrial proceedings or mediation an insurance company makes their best financial offer. Other times they make their best financial offer shortly before trial. What happens next is up to you.

STEP 14: DECISION

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You must decide whether to accept a settlement offer or move forward with a jury trial. We can give you advice on how to proceed.

SETTLEMENT (PATH A) OR TRIAL (PATH B)

STEP 15: SETTLEMENT (path A)

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You accept a negotiated dollar amount as settlement and avoid going to court.

STEP 16: PAYOUT (path A)

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You receive your settlement check, less attorney’s fees, outstanding medical bills, other liens, and case expenses.

STEP 17: TRIAL (path B)

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Lawyers for both sides will argue their cases in front of a judge and jury in a courtroom.

STEP 18: VERDICT (path B)

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The jury will render a verdict and award financial damages if the defendant is found at fault. You could win a large amount or risk receiving nothing at all.

STEP 19: PAYOUT (path B)

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If successful at trial, you receive a check for the financial damages awarded, less attorney’s fees, outstanding doctor and hospital bills, other liens, and case expenses.

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    438 Main Street
    Buffalo, NY 14202

    (716) 854-0700
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    Watch: Julie’s Personal Injury Story

    Julie, a client of Feroleto Law, talks about her personal injury story and how John was able to help.