Personal Injury FAQs

A. There are several different types of personal injury cases. One type of injury case involves a worker who suffers an injury on the job and seeks workers compensation benefits. Typically this type of case is handled in a system in which it does not matter whose fault it was that an accident occurred. An injured worker is simply compensated for his or her injury sustained in the course of their employment with limited benefits and without the right to sue his employer for negligence and recover damages for pain and suffering. Other types of personal injury cases require the plaintiff to prove negligence on behalf of the defendant to recover damages. These types of cases include slip and falls on another's premises, automobile accidents, product liability cases, and medical negligence cases. In these types of cases, an injured person must typically show that the defendant acted in a careless or reckless manner, and that this conduct caused personal injury to the plaintiff. The plaintiff can then potentially recover for his past and future medical bills, past and future lost wages, as well as for pain and suffering. Insurance companies typically have millions of dollars and many lawyers and claims adjusters working hard to keep costs down in regard to the payment of claims. Insurance carriers have conducted studies in which they have determined that the total payout on claims in which the injured party was represented by an attorney is 2 to 3 times the payment made to non-represented claimants. While every case is different, it is typically advisable on any likely serious injury that you hire an attorney and not deal directly with the insurance company on your injury case. hide

A. There are many complicated time limits that you must meet in order to file a personal injury claim. Many factors come into play when determining the time limits involved in handling a personal injury case. A minor, for example, may have longer time limits than an adult to make a claim. Claims against municipalities may be required to be brought before the general Statue of Limitations for other claims. Claims for damages due to intentional acts may have a much shorter time limit than claims for negligent acts. Needless to say, time limits are very complicated in regard to injury claims and we believe it is very important for you to seek expert advice from a personal injury attorney before making any assumptions about the potential time limit for filing your claim. If in doubt seek counsel immediately. hide

A. While the number of cases required to be tried may be increasing, most cases are still settled short of trial. Several attempts are made to settle a personal injury case before an actual trial takes place. Some cases are settled before filing suit through the use of settlement brochures and negotiations. Other cases are settled after filing suit through the use of mediation. Some cases are even settled during trial. While it is certainly probable your case will not have to go to trial, each case must be prepared from the beginning as if some day it will be going in front of a Judge or jury. hide

A. Personal injury cases are typically not settled until after the injured person is released from all of their physicians at maximum medical benefit. While most cases do not drag on for years and years, it is very common for cases to last between 6 months to 2 years. Many factors determine what length of time is involved in a case. Cases in which the medical treatment continues for an extended period of time typically take longer than those in which the person is released from medical treatment early on. Other factors, including the strategy of the insurance carrier and the expectations of the plaintiff and defendant are very important in determining how long a case may last. hide

A. Lawyers in personal injury cases have varying rates of charging for their services. Some lawyers charge a 1/3 fee if the case is settled prior to filing suit, and increase their fee to 40% or more of the total recovery if a lawsuit is filed with the court. Other lawyers charge the same percentage fee regardless of whether the case is filed. Out of pocket expenses are typically advanced by lawyers for items such as medical records, court filing fees, expert fees, etc. necessary to prosecute the personal injury case. Expenses advanced are reimbursed to the law firm before the attorney fee is charged. Attorney fees can be reviewed by the court to determine their reasonableness. An attorney fee must be reasonable. hide

A. We will gladly meet with you and discuss your personal injury case and whether or not we can represent you. This initial consultation is free of charge. After or during this initial consultation, you will be presented a fee contract in which the terms of representation are clearly set forth. If you decide you do not wish to hire us after this initial consultation, you will not be billed for any of our time in speaking with you about this case. hide