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Choosing a Personal Injury Attorney
1. Why do I need an attorney?
Whenever you are injured in an accident, the
insurance company will assign an adjuster to
handle your claim. The job of the adjuster is to
settle your claim for as little cost to the
insurance company as possible. To the adjuster
and insurance company, you are just one more
case.
By contrast, most clients have no training on
how to negotiate with an adjuster or in how to
determine what is a fair settlement for their
case.
With an attorney, the playing field is leveled,
and you are protected from the stress which
often accompanies negotiations and direct
dialogue with the adjuster. Additional stress is
the last thing you need.
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2. What will it cost to have an attorney
represent me?
I will handle your case on a contingency fee
basis which means that my fee will be a percent
of what I recover for you. Additionally, I will
advance all costs associated with handling your
case so that you do not have this additional
burden or worry while you are recovering from
your injuries. When I resolve your case, you
pay my fee and reimburse me for the costs advanced in
handling your case out of any settlement I
achieve. If I am unable to recover for you, you
do not owe me any fees nor are you obligated to
repay any of the costs which I have advanced in
handling your claim. Some examples of the costs
that we might incur in handling your case
include such things as the costs of medical
reports, police incident reports, charges of
your physicians for their testimony, deposition
costs, filing fees, and expert charges.
3. Do I have a case?
Each case is different. I will use my years of
experience as an attorney to address this
question and explain the strengths and
weaknesses of your case. I will thoroughly
research any legal questions relevant to your
case and explain those issues to you so that you
can understand the legal issues. Similarly, I
will also investigate the facts of your case,
and hire experts, when necessary, in order to
determine whether we can prevail and recover for
you.
4. Will I have to go to trial?
Statistically, the majority of cases will settle
before going to trial. Indeed, many cases settle
without a lawsuit ever being filed. There are
many practical reasons for this, including the
expense that the insurance company will incur in
litigation. Whether or not a particular case
goes to suit and/or trial depends on the facts
of that particular case. While it is very
possible that your case will settle without the
need for trial, I handle and prepare each of my
cases as though it may go to trial to make sure
I am ready to present the best case possible for
you, should litigation be necessary in your
case.
5. How long will it take to resolve my case?
Each case is different and therefore it is hard
to make generalizations. How long your case may
take to be resolved depends upon how long it
will take for you to recover from your injuries,
and whether or not your case can be settled
without litigation or trial. Generally, cases
that can be resolved through settlement rather
than through litigation are concluded sooner.
Unfortunately, the rules which govern litigation
have built in delays and some Defendants may
even try to use the rules to delay getting your
case to trial. And, there is a backlog of cases
waiting to be tried.
6. What is my case worth?
Again, each case is unique just as you are a
unique person. No two people respond to the
"same" injury in exactly the same way. I will
use my years of experience with personal injury
cases and numerous resources to help evaluate
your case and guide you in terms of what a fair
settlement is for your case. When appropriate, I
will consult with experts who will provide us
with information to help in making this
determination.
7. Who decides how much to settle my case for?
You do. Although I will provide you with
guidance based upon my training and experience,
you make the decision. Before I begin any
settlement negotiations with the Defendant's
insurance company, I will sit down with you and
thoroughly explain the strengths and weaknesses
of your case, the negotiation process, and what
I believe would be a fair settlement for your
case. At that time I will answer any questions
that you might have regarding the
negotiation/settlement process. Furthermore, I
will keep you posted as to each and every step
of the negotiation so that you will always know
where negotiations stand. And no offer will be
accepted without your prior approval.
8. If my case goes to trial, who decides the
ultimate outcome or resolution of my case?
You have the right to decide when a suit is
filed whether or not you prefer to have your
case decided by a judge or a jury. In certain
situations I have found that it is preferable to
have cases decided by a jury. In a trial by
jury, the jury has the ultimate responsibility
for determining how much money you will receive
if you prevail. The judge will oversee the trial
and provide the jury with guidance and an
explanation as to the applicable law.
The information provided is generalized, it
should not be relied upon as a legal opinion.
There are always exceptions, special situations,
etc. For a free consultation about your
situation, contact me at 717.392.6362.
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