Q: How much are your legal
fees?
A: In most cases, the Firm is paid on a contingency fee basis. This
means that the Firm does not earn a fee unless and until the Firm recovers
any money on behalf of the Client. Depending on the nature of the claim, the
contingency fee can range from 33% to 50% of the recovery. The percentage is
set based upon the time involved in the claim, the risk involved in the
claim, and the potential amount recovered on behalf of the Client.
Q: How long will this take?
A: The time it takes to resolve a case depends on many factors. Some
of these factors are:
- How long will it take before
an accurate assessment of damages can be determined (how long will the
client require medical treatment; what will it cost; how much time will be
missed from work, etc.)?
- Can the claim be settled
before a lawsuit is filed (opportunity to settle changes based on the
defendant/insurance company)? In the event that a lawsuit needs to be
filed, the case will generally not settle until after both parties have
had the opportunity to conduct "discovery." Thus, it will generally be a
minimum of six months after suit is filed and the Defendant is served.
Thus, most cases will take at
least six months from the date of the wreck to settle. In more serious
cases, it can take years before the case will be ready to go to Court.
Unfortunately, it is not a process that moves quickly.
Q: How much is my case worth?
A: It depends. There are a number of factors that attorneys review
when trying to evaluate a claim. Those factors include the following:
- Is the Plaintiff a believable
and likeable person?
- What type of injuries were
sustained?
- Are the injuries permanent?
- Was the Defendant clearly at
fault?
- Where will the lawsuit be
tried (generally, the county where the Defendant lives)?
- What are the out-of-pocket
expenses (medical bills, lost wages, etc.)?
- Are there any other special
factor out there, such as whether the Defendant was drunk or acted
intentionally to injure someone?
Normally, when a client meets
with an attorney for the first time, many of these factors are unknown.
Thus, the true value of a case does not become clear until the attorney has
had the opportunity to investigate and find out the answers to some of the
above questions. This process takes time, and thus, most cases are generally
not settled right away.
Q: Is there anything I can do to help my case?
A: Yes. You need to understand that your relationship with your
attorney is a partnership. The attorney will need to be able to contact the
client and receive prompt responses with any needed information. In
addition, the value of the case is greatly impacted by the client's honesty
and forthrightness. Insurance companies' lawyers love to argue that the
Plaintiff is exaggerating their injuries or that the injury already existed.
The only way to combat this is to
provide all information, good and bad, to your treating doctors and your
attorney about your prior health history. Frequently, the client can create
much bigger problems by trying to hide information, than any problem that
could be caused by the information coming out. In short, be honest with your
attorney and doctors, and follow their advice. Defense lawyers also like to
argue that the Plaintiff should not recover because they failed to do what
is in their best interests. If the doctor says that you should walk two
miles per day, you should do it. If you don't you are hurting yourself,
physically and financially.
Q: Do I really need a lawyer?
A: In many cases, you will benefit by retaining the services of an
attorney. Some insurance companies are advertising how quickly they respond
to claims. They would like you to believe that they are motivated by their
goal of prompt customer service. However, think about why insurance
companies would benefit by paying claims quickly. One reason they are in a
hurry is to settle with someone who has yet to hire an attorney.
Insurance companies realize they
have a superior negotiating position from a non-represented claimant. The
unrepresented person is generally not sophisticated in personal injury law.
As a result, they have no experience negotiating the value of injuries, and
have no idea what their claim is worth. In the event that an agreement is
not reached, the unrepresented person is not in a position to sue the
insurance company. Thus, the insurance company has no reason to fear the
unrepresented claimant.
On the other hand, an experienced
injury attorney knows the value of your claim. In addition, they can exert
some influence on the insurance company because if the case is not settled,
the prospect of a lawsuit goes up greatly. Thus, one study showed that
parties represented by an attorney generally two to three times the amount
that unrepresented parties received.
Would you like to submit a question?
click here or e-mail us at
info@violentcrimesvictim.com
