What do you mean by "personal injury"? What sorts of
cases does this include?
"Personal
injury" is a broad term that means any kind of accident or
occurrence that leads to bodily injury. Here are some
examples:
-car
and truck 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
(Note:
More information about Vioxx is contained on our weblog:
follow this link to
Vioxx Information.)
How much
do you charge for a personal injury case?
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, we charge
40%.
What are
case costs?
Case costs
are money 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 and expenses for depositions and
experts. 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.
How much
is my case worth, and will you guarantee success?
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.
My
insurance agent says I can handle the case myself without
a lawyer. Is this a good idea?
Since a
consultation is free, it won't hurt to ask us if we think
we can help. Having worked as lawyers for many years, we
have a bias against insurance companies and what they
might tell you. This bias is based on our knowledge that
no matter how nice insurance adjusters 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.
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. Make no
mistake: the insurance company knows that it's almost
impossible to take a case to trial on your own.
If you
take my case, what will I have to do?
If you hire
us to be your lawyers, 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.
How long
will it take?
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.
Can I talk
to you about my case for free?
Yes. If you
want to talk to one of our lawyers 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. |