How do I find the right attorney to handle my case?

Every attorney is not the right fit for every case or every client.  Consider the opinions of family and friends who have used an attorney and take advantage of a no cost review of your case if offered in order to evaluate the attorney for yourself.  Not everyone drives the same car or wears the same tie.  The selection of an attorney is a very personal decision and is yours alone to make.  Make sure you are comfortable with that decision. 

What will it cost to have my case reviewed?

We will gladly review your personal injury case without charge.  That review will enable us to determine the merits of your claim and will allow you to determine if this is the right firm to handle your case.

What type of attorney fee arrangements are available?

Attorney fees can be paid on an hourly basis, by a predetermined fixed  fee or on a contingent fee basis.  The type of case or legal issue you have usually lends itself more favorably to one or the other of these fee arrangements.  It is always smart to get that fee arrangement in writing in order to reduce the chance for a misunderstanding about your fee obligations.  In addition to paying for the services of your attorney, clients can also incur costs for filing fees, recording costs, expert witnesses, investigators, deposition expenses, etc.

Can the other party be orered to pay my attorney fees?

Sometimes.  The general rule provides that each party is responsible to pay their own attorney fees.  Win or lose.  The two most common exceptions are found in divorce cases and contract breaches.  A divorce judge can order one spouse to pay the other's attorney fees in appropriate circumstances.  Also,  some contracts may have provisions which state that if litigation arises from a breach of the contract, the loser will have to pay the winner's attorney fees.

What is a contingent fee agreement and how does it work?

A contingent fee agreement is one of several arrangements that can be entered into between an attorney and client for payment of attorney fees.  Instead of paying a fixed fee up front or by the hour as the case progresses, a contingent fee arrangement provides for an attorney fee to be paid at the conclusion of the case when there is a recovery for the client.  If there is no recovery, there is no attorney fee.  The attorney receives an agreed percentage of the funds recovered for the client.  The attorney fee is therefore "contingent" upon a recovery for the client.  The amount of the percentage can vary depending upon the case.  Most personal injury cases are handled on a contingent fee basis.  In addition to the contingent attorney fee, there are out of pocket expenses which should also be addressed in the contingent fee agreement and under some circumstances may have to be paid even if there is no recovery.

How do I know what my personal injury case is worth?

Ultimately, your case is worth no more or no less than what a judge or jury says its worth.  Most personal injury trials take place in front of a jury.  After hearing all the evidence the jury will be required to select an amount of damages which fairly compensates you for your injuries.  Settlement of a case without a trial takes place when both parties agree on its value.  While there is no formula to calculate the value of your case, past experience and jury verdicts in similar cases are helpful in attempting to place a value on your case.

How long will it take to process my personal injury claim?

Cases can take from weeks to years to resolve.  When liability is clear and the parties agree on the value of the claim, a case can be settled very quickly.  It is more common however that the parties will disagree about liability, fault or the amount of damages.  Depending on the complexity of the case (number of parties, severity of damages, questions of liability, etc) there may be many steps in the process which can take quite some time to complete.  It is the attorney's job to keep the case moving along without unnecessary delay.

 Where will my case be filed?

Keep in mind that some cases can be resolved without the filing of a law suit.  If a law suit must be filed, there are jurisdiction and venue rules which will dictate where it can be filed.  The case cannot be filed with a court that has no connection to the incident.  The location of the accident and the residence of the defendant are the key factors in determining the appropriate location for filing.  While there is usually one appropriate court for filing of the case, there can sometimes be an option for filing with different courts.

What do I do if I have a question about my case?

Contact the office.  Your attorney is your best source for answers.  We do our very best to return your calls promptly.  While your friends or relatives may be well intentioned and the internet may contain lots of information, no one knows your case and how the law applies to your case better than your attorney.  Don't hesitated to call.

Will the defendant's attorney take my deposition?

Very likely.  In order to prepare for trial, the defendant's attorney will be entitled to gather any information which is relevant to the case.  A deposition is one of the discovery tools which can be used to get that information.  At a deposition you are questioned under oath by the defendant's attorney in the presence of a certified court reporter.  Your attorney will also be present and will consult with you about the deposition before and during the process.  While conducted in an informal setting, depositions are very important to your case in that you are disclosing information to the adverse party which can later be used in court.

Can personal injury claims be mediated or arbitrated instead of being resolved in court?

Yes.  Mediation is a nonbinding attempt by a mediator to assist the parties in reaching an agreement to settle the case.  Arbitration is more like an informal trial where an arbitrator makes a binding decision for the parties.  Arbitration is not very common in personal injury cases.  Mediation is more common and usually a voluntary option exercised by the parties in an attempt to settle the case.  Whether or not mediation is recommended depends on the case and will always be discussed with the client before a commitment to mediation is made.

Will my personal injury case require an expert witness?

Probably.  Fact witnesses testify about facts and expert witnesses give opinions.  A fact witness would testify about things like; was the light red or green?, did the accident victim lose income or not?, is the accident victim injured or not? and were the car's headlights on or off?  An expert witness is hired by one of the parties to give opinions to assist the judge or jury with understanding technical information.  An expert might give opinions about; the permanent vs. temporary nature of an accident victim's injuries, the speed of a vehicle based on data taken from the accident scene and the need for future medical treatment.

Will a jury hear my workers compensation case?

No.  Workers Compensation cases are processed within a separate system and are not filed with the court.  A hearing officer will make all decisions in cases which cannot be settled by agreement.  You are entitled to a trial if settlement cannot be reached but not a jury trial.

What determines the value of my personal injury case?

After establishing liability, you are entitled to fair compensation for your damages.  Damages include expenses incurred for ambulance, emergency room, medication, hospital stay, doctors, physical therapy, home health care, medical appliances, property damage, lose of use of property, lose of past and future income, as well as past and future pain and suffering.  Factors like age, income potential, impact on your enjoyment of life, severity and permanency of the injuries will be important.  The culpability of the defendant can also impact the calculation of the jury.  Given the same set of facts, it is unlikely that two juries would award the same amount of damages.