Here you can find answers to some of the most common questions we get asked. Please contact us for a free consultation to get more information about any of these questions, or if you have additional questions.
ANSWER — Yes. Anytime a person has been seriously or catastrophically injured because of someone else's fault, it is best to have an attorney to represent your interests as soon as possible. It is not necessary to wait until an insurance company is being difficult or not offering to settle the claims to hire an attorney.
The best time to hire an attorney is as soon as you know that the injury was someone else's fault. This allows the attorney you hire to start investigating and managing your case early and to protect you and your family.
ANSWER — No. You are under no obligation to speak to the other person or entity's insurance company before hiring a lawyer. If you wish to say anything at all, you can inform them that you intend to retain an attorney and that any communication should go through your attorney's office once he or she has been hired.
ANSWER — Yes. Anytime a person has been killed because of someone else's fault, you want to have an attorney representing your family's interests as soon as possible. Wrongful death and survival claims are complicated and should be handled by an attorney with experience dealing with the complexities they present.
Anytime there is a death in the family, there are so many difficult things to process and manage, it is best to allow an attorney to handle any claims that you or your family member may have.
ANSWER — 1/3 or 33 and 1/3% of the gross recovery in most cases. In some cases against the U.S. government fees are limited to 25% of the gross recovery. In other very time consuming and complicated cases, the fee may be 40% of the gross recovery.
This is simpler than it sounds. If you hire me to represent you in a personal injury action, it will cost you nothing unless I recover. My office advances all costs and expert fees associated with resolving your claims. At the end of your case, my fees are calculated from the total recovery, any costs are subtracted after that, and the remainder goes to the client, and, if necessary, to the client's medical providers to satisfy any liens or medical bills.
ANSWER — This is a difficult question to answer because each case is different and has its own complications. A personal injury or wrongful death case could be resolved within 4 months under certain very specific conditions. More likely than not, these cases take a year or more to resolve.
In cases of serious injury, you don't want to settle or resolve your claim too quickly because it is very difficult to know the complete extent of damages that you will need to address.
In some complicated cases, it can take years to resolve the claim through negotiated settlement or trial.
ANSWER — You should pick the lawyer that has the expertise to address your case and has a proven track record of obtaining good results for other clients.
Just as important, however, is how do you get along with your attorney? Do you "click?" A personal injury or wrongful death case can take a long time to resolve. The relationship between an attorney and client is intimate and ongoing. Because of the very nature of a catastrophic injury or death, you should feel like you can talk to your attorney and that your attorney will be responsive and available for you.
The first question should be competence, the second and almost coequal question is can I get along with this person for the next year or two? Better yet, I like this person and I am excited he is working on my case.