Frequently Asked Questions (FAQs)
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Personal Injury Law
- What is “personal injury law”?
- Do you offer a free consultation?
- What kinds of injuries can result in compensation?
- How will you help me handle a personal injury claim?
- What will a personal injury case cost me? What if we lose?
- How long do I have to file a law suit?
- What should I do if I am injured?
PERSONAL INJURY LAW
Thousands of people across the country are injured every day. Some of these injuries may be compensable depending on the circumstances of the accident.
I will provide you with a free one-hour consultation to assist you in determining if there are legal remedies available to you. Some injuries may be so straight-forward that you may be able to handle them yourself without a lawyer! However, it is best to at least attend an initial consultation to ensure that all of your rights are protected.
Personal injury law is a very large field, and generally encompasses everything from traffic accidents, to slip and fall injuries, to wrongful death cases. Understanding what your rights are, what your time frame to file suit is, and what negotiating options you have at your disposal is critical.
Many injuries may at first seem innocuous only to surface later as major debilitating injuries. Many injured people notice a difference in their quality of life. The inability to play with their children, to have a meaningful and intimate relationship with their spouse, or engage in the activities that they once enjoyed are common side effects of serious injuries. All of these things may be worth money, which of course does not make up for what is lost, but hopefully helps your life go on more comfortably.
Most people today have seen legal ads on television with overbearing attorneys from personal injury firms promising to get people lots of money for any injury they may have suffered. That is not the approach that I will take with your case. You will be able to make decisions about your case and the direction you want your case to go with my assistance and advice. Should your case be resolved solely through negotiations, through alternative dispute resolution (mediation or arbitration), or should your case proceed to a full trial I will be there to assist you in getting the best possible outcome.
Fees
Personal Injury cases are generally taken on a contingency fee basis. This means that you do not pay ANY legal fees to me unless you win. You will still be responsible for expenses (such as filing fees, expert witness fees, etc.); however you will not pay your lawyer unless your case is successful. This is generally how personal injury cases are handled all across the country. Most attorneys charge between 33 1/3rd % of the final judgment, up to 50% of the final judgement if the case goes all the way to trial and does not settle. I charge a 25% fee if the case settles, and 33 1/3rd % of the final judgment should the case go all the way to trial. This keeps more of your damages in your pocket.
Statute of Limitations
Every cause of action (law suit) has a statute of limitations. A statute of limitations lays out the time you have to file a law suit. If the given time has expired you are permanently barred from filing your suit, no matter how grievous your damages. The statute of limitations varies greatly between different causes of action. The best possible advice is to consult with an attorney as soon as possible to determine your window of opportunity, so that you are not left without any recourse.
Golden rules to follow if you have been injured
- At the scene of the injury, whether it is a car accident or another situation, try to be as calm and as polite as possible. Remember that potential witnesses may be evaluating your actions.
- Cooperate fully with the police and medical personnel, but do not speculate about things you are not qualified to know, such as the technical cause of the accident. Make sure the police get all of the details of the accident. If you saw the other driver do or say something strange tell the responding officer.
- Do not admit blame, or make offers to pay damages at the scene. This is not the proper place to negotiate. If you actually are at fault and wish to pay for the accident wait until emotions have cooled and you have sought legal advice.
- Do not talk to people from the other side's insurance company.
They may refer to themselves as adjusters or investigators.
Advise them that you will cooperate fully in their investigation, but do so with legal counsel.
If you choose to engage in initial investigations with the insurance company without your own lawyer follow these rules:
- Never negotiate alone, bring someone preferably not your spouse.
- Record the conversations (with their permission), or at least take lots of notes.
- Do not let the insurance adjuster lure you into a false sense of security that they care about you or your future. They may seem nice, friendly, and genuinely interested, but they have ONE goal, and that is to lower or dismiss your claim altogether.
- Remember who they work for: THE OTHER SIDE...They are not looking out for your best interests, only an attorney working for you is out for your best interests.
- Remember that what you tell the insurance company may come back in trial later on: when in doubt seek legal advice.
- Promptly report the accident to your insurance company and start taking notes that day about what you remember. Memories fade; notes do not.
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