FREQUENTLY ASKED QUESTIONS
How Much is My Case Worth?
This is the single most frequently asked question about personal injury cases, and justifiably so. But it is not a question a good lawyer will be able to answer when initially interviewing you, so be patient. If you meet with a lawyer who makes all kind of promises and tells you what a great case you have in the initial interview, run away fast! All good lawyers will have a general idea about value, but there are a great many factors that figure in when evaluating the worth of a case, such as issues of liability, comparative negligence, the jurisdiction within which the case will be filed, the extent and type of injuries suffered, and whether or not those injuries are permanent, the amount of time loss from work, etc. A good lawyer will thoroughly investigate these issues before making an evaluation of your case, recommendations whether to settle your case, or whether or not to go to trial. But remember, it is ultimately your decision whether or not to accept an offer, or to go to trial.
How Long Will My Case Take, and Will it go to Trial?
Generally speaking, the more involved and complex your case, the longer it takes. But an experienced lawyer should be able to give you a general idea as to how long your particular case may take. In a personal injury case, it generally is not a good idea to attempt to resolve your claim until you are medically stable, or stationary. That is a point where you are either healed, or where your doctor has reported that you will not improve or heal further. An experienced lawyer also needs to know as much as possible about the long range consequences resulting from your injury, and whether you will be needing medical treatment in the future, and for how long. Whether your case settles before trial or proceeds to trial obviously affects the time involved, as well. So although your lawyer should be able to give you some educated projections on how long your case may take to progress through the legal system, there is no way a definite time frame can be guaranteed.
Most personal injury cases are settled without going to trial, but a large number still proceed to trial. The lawyer who prepares your case as if it was going to go to trial will get the best result via settlement. If your lawyer has a reputation for settling all of his or her cases, your chance of maximizing the settlement potential of your claim is diminished because the insurance companies know this. They may be inclined to offer less than the full value of the claim just to get rid of it because they know the lawyer will settle no matter what. Accordingly, it will be to your advantage to choose an attorney who is an experienced trial lawyer.
How Much Will it Cost Me to have My Case Handled?
Most lawyers handle personal injury claims on a contingency fee basis. This means that the lawyer is paid a percentage of the settlement or verdict amount. When you have a contingency fee agreement, you are not liable to pay attorney fees no matter what the outcome of the case. However, be sure to insist on a written fee agreement with your lawyer. It will detail the percentage of fees, and also spell out "out-of-pocket" expenses (not attorney fees) which are the client's responsibility, such as court filing fees, witness fees, costs of medical reports, etc.
IMPORTANT NOTICE
There are time limitations within which you must file a lawsuit for your claim or you will lose your right to do so. You should promptly seek the advice of a qualified attorney to protect your rights!
Disclaimer: The information contained on this Website is intended to be educational in nature, providing general information only, and is not to be interpreted as legal advice. Visitors to this site should contact a lawyer directly for specific advice about their case. Decisions regarding legal representation should be made only after such direct consultation.