What are Personal Injuries?

Personal Injuries are a broad category of injuries resulting from accidents or occurrences which cause physical harm. Examples include:

- Medical Malpractice
- Defective Medications resulting in injury
- Product Liability (injuries caused by defective products)
- Auto Accidents
- Wrongful Death Cases
- FELA Cases (for railroad workers)
- Jones Act Cases (for barge workers)

What does personal injury representation cost?

Many personal injury attorneys charge on a contingency fee basis. This means the client doesn't pay anything unless there's a settlement or winning verdict. Upon winning, a typical attorney's fee is 33.3% of the total recovery; however, complex cases can range closer to 40 percent. Additionally, “case costs,” which include monies paid by the firm during trial preparation, are charged.

What are typical case costs?

Examples of case costs are court filing fees, deposition expenses, and expert witness fees. Generally, if the case is unsuccessful, the client doesn't have to pay back case costs; however, this can vary depending on the law firm. Always make sure you fully understand all payment conditions before hiring an attorney.

Will an attorney discuss my case for free?

Most attorneys, including our firm, offer free consultations. This can take place in the law firm’s office or over the phone. Prospective clients just answer a few basic questions and then an attorney can discuss their options with them. Often it takes less than thirty minutes for an attorney to determine if they can help.

Is it safe to handle the case myself?

Keep in mind the primary goal of insurance companies is to pay out as little as possible; furthermore, they generally say whatever is necessary to achieve this goal. Insurance agents work for the insurance company and have their best interests in mind, not yours. It's very rare that an insurance company gives claimants fair assessments of their case values. Additionally, they don't attempt to enforce your legal rights because it's not beneficial for them. Since attorney consultations are free, it doesn't hurt to contact one to see what they say. At the very least, you may obtain some knowledge which could be useful if you do handle your case alone.

Why do I need an attorney?

It is a better idea to hire an experienced attorney for most cases, especially those involving significant injuries. Experienced attorneys know to seek compensation in every category of damages applicable to your case and are skilled at discerning admissible evidence which supports your damage claims. Hiring an attorney also displays a willingness to go to trial. This adds value to your case because the threat of a trial increases your bargaining power. It's almost impossible to take a case to trial on your own, and insurance companies know this and use it to their advantage.

What’s my case worth and can you guarantee success?

A case’s exact “value” depends on varying factors. The extent of injuries, cost of medical bills, injured party's condition after completing treatment, and shared liability all affect a case's value. Although contingency fee attorneys usually take cases they feel have good chances of success, there are never any guarantees. Even the best attorney can only give a fair estimation of the outcome based on their experience, specific case details, and past verdicts achieved in similar cases.

If I hire an attorney, what will I have to do?

As the claimant, you are a significant part of your case team. You'll need to keep your attorney informed of your on-going medical condition and limitations and will also assist in gathering information supporting your case. After filing suit, you'll need to answer written questions or sit for depositions with the opposing party. Evaluation by other doctors is also typically required. Finally, if your case doesn't settle, you'll need to be present at trial.

How long will it take?

Although many cases settle out of court, this usually doesn't happen until both sides prepare their case. Lawsuits typically take approximately two years from filing to trial; however, this can vary significantly based on case specifics, docket congestion, and other factors. You must remember to be patient and trust that your attorney is working diligently to get you everything you deserve.