Understanding Negligence, Causation, and Damages

The initial intake screening for basic information takes about 10-15 minutes. To assess a potential case, we will ask a series of question intended to understand the following:

     1. Negligence – Did the other party (the defendant) breach their duty of care? We need to understand: “What is the negligence you experienced and when?”
     2. Causation – The breach of duty was the direct cause of the injury. We will need to understand: “How do you believe the negligence or wrongdoing caused your injury?”
     3. Damages – Did you or a loved one (the plaintiff) suffer a serious injury or loss because of the other party’s negligence? We will need to understand: “What serious injuries or losses did you sustain?”

A bad outcome alone is not enough to prove negligence. We will need to show you suffered a significant personal injury and that another party’s negligence directly caused it.

Information We Need

Our Intake Specialists cannot give legal advice and are only gathering initial details about your potential case (or the one you’re contacting us about) to share with one of our personal injury attorneys. The information we gather includes, but isn’t limited to:

• Contact information, including full legal name, address, phone number, email address, date of birth, etc.
• How you found Berman & Simmons (online search, referral, Google Business Profile, Google Ad, etc.).
• Type of personal injury or medical malpractice case. If we don’t handle it, we may be able to offer a referral.
• A brief incident timeline, including the date and location.
• A summary of your injuries.
• Name(s) and location(s) of the healthcare center(s) where medical care was received.
• Name(s) and location(s) of the healthcare provider(s) who provided treatment.
• Name(s) of the insurance company involved (if you know).
• Name(s) of other parties involved, including witnesses.
• Any relevant photos or video.

It’s helpful to have correct spellings of names, providers, facilities, etc. for conflict checks.

Step 2: Free Case Review by a Lawyer

Once our Intake Specialist has gathered information from you, we will send a summary of your potential case to one of our lawyers to determine if it’s viable. If we need more information, the attorney or a member of their team will contact you for more details and begin further investigation.

An initial review does not create an attorney-client relationship.

Step 3: Case Decision: Decline or Accept
If We Decline Your Case, We’ll Notify You

For several reasons, we may not be able to take on your case. In fact, many cases we review are declined. If that happens, our legal team will notify you within a few business days and archive the matter.

If Your Case is Accepted: We’ll Investigate Further

Upon acceptance, a member of the lawyer’s staff will contact you to schedule an initial meeting. The attorney will learn more about the incident and how it has affected your life. They will answer your questions and explain the next steps. If we decide to move forward, you will then sign an agreement to establish an attorney-client relationship with Berman & Simmons, and our communications will remain confidential.

Depending on the type of case and severity of the injuries, the next phases will include some or any of the following actions leading to a resolution:

• An in-depth case work-up
• Gathering evidence and interviewing witnesses
• Coordinating with your medical providers to get your complete medical records and imaging
• Legal research
• Preparing a comprehensive demand package seeking a pre-suit settlement
• Negotiating settlements
• For cases that do not settle, filing a lawsuit
• Taking depositions
• Pre-trial written discovery
• Representing you at court-ordered mediation
• Trial

Resolving a Case Takes Time and Patience

Some cases take months or even years to resolve. It takes time to gather the necessary evidence and information, and medical records if needed, evaluate injuries and damages, negotiate with insurance companies, and if necessary, prepare for trial. We will guide you through every step and do our best to ensure you receive a fair outcome that reflects the full extent of your damages. We’ll handle all the legal details while you focus on your recovery.

We work with you on a contingency fee basis, which means you pay nothing upfront and only if we settle or win your case.