Client Support & Frequently Asked Questions

What is a personal injury claim or case?

A personal injury case typically involves a situation where an injured person, commonly referred to as the “plaintiff” makes a claim against another person or company, commonly referred to as the “defendant” alleging that the defendant failed to act reasonably and prudently in their actions, and that this failure resulted in an injury, also referred to as “damages.”  PI cases are civil law cases, as opposed to criminal actions, and most PI cases are brought under the legal theory of negligence. 

What are common types of personal injury/negligence cases?

One of the most common types of personal injury/negligence cases concerns automobile accidents.  For instance, if someone runs a stop sign and collides with your vehicle, which causes you to suffer damages (medical bills, lost wages, etc.), the typical claim to address this matter would be a negligence claim.  Specifically, you would allege that the defendant failed to exercise the care of a normal, reasonable and prudent driver in the same or similar circumstances, when the defendant ran the stop sign. 

Claims for injuries resulting from defective products and drugs are also typically asserted under negligence causes of action.  These cases are commonly referred to a product liability cases.  These cases can be extremely complex, but essentially require a judge or jury to determine whether a defendant product or drug maker acted in a reasonable and prudent manner in manufacturing, designing, and/or warning a potential consumer of the product or drug. 

Claims against doctors for medical malpractice are personal injury/negligence cases.  Like product liability cases, medical malpractice cases can be extremely complex.  But again, like all negligence cases, the ultimate question in a malpractice case will concern whether the doctor acted as a prudent and reasonable doctor would have done under the same or similar circumstances. 

What can I expect to get in the event my case is successful?

The typical personal injury/negligence case awards are monetary in nature.  A plaintiff will make a request for compensation in areas such as medical bills in the past and future, loss of earnings, pain and suffering, mental anguish, physical impairment, and in the event of death, all of the losses, emotional or financial, suffered as a result of a loved ones death.

How much will it cost me to be represented by an attorney in a negligence case and what is my out of pocket risk?

Most people that retain attorneys to represent them in negligence cases enter into fee contracts that provide for payment to the attorney only in the event there is a monetary recovery.  These fee contracts are typically referred to as “contingency fee” contracts.  Essentially, the client is not required to pay anything unless there is a successful recovery.  Contigency fees are typically based on a percentage of the recovery, and range from 30 to 50 % of the total recovery. 

What about all the costs aside from attorney’s fees?

Again, under the traditional contingency fee arrangement, the attorney will advance all costs necessary to prosecute the case.  The costs will be reimbursed only in the event of a monetary recovery in the case.

Does my geographical location limit me in hiring an attorney?

It depends on the type of case, and many cases are consolidated in regions around the country that are not near the Plaintiffs residence.  In those cases, where you live in relation to where your attorney's offices are located and the venue of the case are not material to the success of your case.  Cases other than those that are consolidated in other regions may be better served by a local attorney that is familiar with the laws and customs of the state the case is brought in.

What are some things I should look for and expect from my attorney?

You should expect accessibility and communication from the attorney you decide to hire to represent you.  Causes of action can result in anxiety and typically call for clients to be educated on the process and what to expect.  It is important to be able to communicate and receive answers to your questions concerning the status of your case and therefore reduce any anxiety you may suffer from the unknowns of the process. 

To get reliable answers, you should look for an attorney that is competent in the area of law that your case falls.  You would not want to have a podiatrist attempt to diagnose a brain or heart condition.  Likewise, it is very important to consult with an attorney that has experience in handling civil cases involving personal injury and negligence claims.  And typically, if attorneys feel a case is beyond their expertise, they will refer your case to an attorney that is competent in the area.

Do I have a case?

I don’t know.  I would need to talk to you to get some basic facts, and sometimes a document review will be necessary to determine whether you have a viable case.  Doctors typically need to examine a patient, check vitals, etc.., before they are able to diagnose a medical condition.  Like doctors, lawyers need to be able to talk with a potential client and examine the circumstances to make a determination on whether the client has a viable case.  And, it does not cost you anything to obtain a consultation.

Will I have to go to a trial and testify?

Only in rare circumstances do negligence cases actually  reach the stage where a jury decides the outcome.  Personal injury cases are typically resolved based on a compromise between the parties. However, you never know if your case will be one that needs to be tried before jury, so you and your attorney should always prepare for the event of trial, regardless of the likelihood of the case actually being tried.

What is a Settlement?

A settlement is an agreement between the parties to resolve the dispute without going to trial.  Most personal injury cases are settled by the parties. Typically a settlement involves a payment of money in exchange for a full release of liability for the claim.  The client has the ultimate authority on whether or not to accept a settlement, and can reject an amount offered by a defendant in the event the client does not feel the amount offered in relation to the damages incurred is fair. 

Do I have control over how my case is handled?

The client has control over their case to the extent the client’s wishes do not result in the attorney having to act contrary to the principles of legal ethics.  A client relies on his/her attorney to navigate through the legal system while protecting the client’s right and maximizing the client’s recovery.  However, under a contingency fee arrangement, the client has the ultimate say so in material decisions, such as whether or not to file a lawsuit, settle a lawsuit, or proceed to trial.

Can my case be resolved without the filing of a lawsuit?

Yes.  Many cases are resolved in the pre-litigation stage.