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Personal
Injury Frequently Asked Questions |
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| Q:
What do you mean by "personal injury"?
What sorts of cases does this include? |
A: "Personal injury" is a broad term
that means any kind of accident or occurrence
that leads to bodily injury, and are due to the
fault or negligence of another. Here are some
examples: |
- car,
motorcycle, pedestrian and truck accidents
- slip
and fall accidents
- medical
malpractice
- mesothelioma/asbestos
cases
- products
liability (injury from a defective product)
- injury
from defective medicines (e.g., diet drugs,
Vioxx, Rezulin, Baycol)
- wrongful
death cases
- Jones
Act cases for barge workers
- FELA
cases for railroad workers
- Any
type of on the job injury
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| Q:
How much do you charge for a personal injury case?
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A: We charge on a contingency fee basis, meaning
that you will not pay us anything unless there is
a settlement or a winning verdict at trial. Typically,
when we win your case, our fee is one-third or 33.3%
of the total recovery, in addition to "case
costs." For some complex types of cases, or
when a lawsuit is required to be filed, we charge
40%, and if the matter proceeds to trial, we charge
45%. Any “case costs” that are incurred
are paid our office, but taken out of any eventual
recovery. |
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| Q:
What are case costs? |
A: Case costs are costs that we pay out to others
in order to get your case ready for trial. Examples
would be the filing fee required by the court,
process server fees, copying, courier and postage
fees, and expenses for depositions and expert
witnesses. Case costs vary depending on the complexity
of the case, but we always have an up-to-date
balance available if you want it.
Remember
that if we do not recover anything for you, you
do not have to pay back the case costs to us.
This is not true of all law firms, so make sure
you understand what other firms might propose
to you. Of course, we will be happy to answer
any of your questions about fees or costs before
you decide to hire us. |
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| Q:
How much is my case worth, and will you guarantee
success? |
A: The "value" of your case depends
on many factors, such as the extent of your injury,
the amount of your medical bills, and your condition
after you have finished treating. The calculation
also involves the ability of the other party to
pay a judgment, and whether you played any role
in causing the accident.
We
will not take your case unless we think it has
a good chance of success. Even so, there are no
guarantees. All we can do is give you a fair assessment
of the outcome of your case based on our experience,
the injury itself, and what jury verdicts have
been achieved in cases similar to yours. |
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| Q:
My insurance agent says I can handle the case myself
without a lawyer. Is this a good idea? |
A: Since a consultation is free, it won't hurt
to ask us if we think we can help. Having worked
as a lawyer for many years (including for an insurance
defense firm), I have a bias against insurance
companies and what they might tell you. This bias
is based on my knowledge that no matter how nice
insurance adjusters might sound on the phone,
they have one goal in mind above all others--to
pay you as little as possible.
Insurance
companies do not work for you. They rarely help
you figure out your legal rights, and may not
fully understand them. They rarely give you a
fair assessment of the value of your case. Studies
have shown that an injured person who hires a
lawyer recovers from 30 to 40% more even after
attorney’s fees than persons who elect to
not hire a lawyer. Further, giving a statement
to an insurance adjuster can often backfire against
you, and you might not even realize it!
If
your injuries are significant, there are several
reasons why a good lawyer can help you. When you
hire a lawyer who is willing to take a case to
trial, value is added to your case in a number
of ways. A good lawyer will seek every category
of damages that applies to your case, and find
ways to support those damages with evidence that
will be admissible in court.
The
threat of trial itself adds to your bargaining
power, and adds a considerable amount of leverage
to your case. Make no mistake: the insurance company
knows that it's almost impossible to take a case
to trial on your own. |
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| Q:
If you take my case, what will I have to do? |
A: If you hire me to be your lawyer, you will
be a significant part of your case team. We will
ask you to help us gather the information that
we will use to support your case.
Just
as we will keep you informed about your case,
you will need to keep us informed about your medical
treatment and your physical limitations. After
we file the lawsuit, you will have to answer written
questions called interrogatories and sit for a
question-and-answer period with the opposing lawyer
called a "deposition." (Of course, we'll
prepare you first, find a time that is convenient
for you, and sit next to you during the deposition).
You may have to be evaluated by other doctors.
If your case does not settle, you will have to
be present for the trial. |
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| Q:
How long will it take? |
A: Even though many cases settle before trial,
this does not usually happen until both sides
have prepared the case. Generally, lawsuits take
about two years from filing to trial. This can
vary significantly in either direction based on
the complexity of your case, the congestion of
court dockets, and other factors.
Our advice to our clients? Be patient. We are
always willing to tell you exactly what is happening
with your case. In the meantime, you have to trust
that we are working hard for you. |
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| Q:
Can I talk to you about my case for free? |
| A:
Yes. If you want to talk to me about a case, just
call on the phone and ask. After you have answered
a few basic questions with one of our staff members,
we will be happy to discuss your case for free
on the telephone or in our office. Generally,
it will take only ten to thirty minutes for us
to decide whether or not we can help you. |
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