Personal Injury FAQs
| Frquently Asked Questions |
What is "personal injury"? What are some examples of personal injury law?
"Personal injury" is a broad term that means any kind of accident or incident that leads to bodily injury, such as auto accidents, motorcycle and bicycle accidents, truck accidents, medical malpractice, products liability (injury from a defective product), and wrongful death. Hide
| What is personal injury law?
Personal injury law, also known as tort law, is a civil wrong or wrongs recognized as a legal basis for lawsuits. Injuries sustained by the victims of such wrongs provide the basis for a claim for damages suffered by the injured party. Hide
| What are the most common personal injury lawsuits?
The most common personal injury cases are automobile accidents; however dog bites and slip and falls are a close second. Others include sexual abuse, wrongful death, denial of civil rights, medical malpractice, professional malpractice, product liability, and damage to property. Hide
| How much do you charge for a personal injury case?
We charge on a contingency fee basis, meaning that you will not pay us a fee unless there is a settlement or a winning verdict at trial. Hide
| What is a Deposition?
A deposition is a statement given under oath before a Court Reporter before your case goes to trial. This is usually done in a lawyer's office where the witness will answer questions given by attorneys representing both parties to the case. The reporter makes a written transcript of everything said at the deposition, and the witness signs the transcript swearing it is an accurate rendition of the evidence he or she gave. Hide
| What are case costs?
Costs are a part of almost every case, such as filing fees required by the court and expenses for depositions and experts. These costs will vary depending on the complexity of the case and we will maintain an up-to-date balance for your review. Costs are the responsibility of the client. However, so long as you follow our advice, we will advance those costs and recover them back at the end of the case. Hide
| How much is my case worth?
The value of your case depends on the extent of your injury, the amount of your medical bills, your earnings lost, and your condition following treatment and other factors. The calculation also involves the ability of the other party to pay a judgment, and whether you played any role in causing the accident. Hide
| Do you guarantee success?
While we have a high success rate, there are no guarantees. During our initial discussions, we provide you with a fair assessment of the potential outcome of your case based on the injury itself, past jury verdicts in similar cases, and our experience. Hide
| My insurance agent says I can handle the case myself without a lawyer. Is this a good idea?
Since a consultation is free, it won't hurt to ask us if we think we can help. Having worked as lawyers for many years, we have a bias against insurance companies and what they might tell you. This bias is based on our knowledge that no matter how nice insurance adjusters sound on the phone, they have one goal in mind above all others--to pay you as little as possible.
Insurance companies do not work for you. They rarely help you figure out your legal rights, and may not fully understand them. They rarely give you a fair assessment of the value of your case.
If your injuries are significant, there are several reasons why a good lawyer can help you. When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways. A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court.
The threat of trial itself adds to your bargaining power. Make no mistake: the insurance company knows that it's almost impossible to take a case to trial on your own. Hide
| If you take my case, what will I have to do?
If you hire us to be your lawyers, you will be a significant part of your case team. We will ask you to help us gather the information that we will use to support your case.
Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations. After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a question-and-answer period with the opposing lawyer called a "deposition." (Of course, we'll prepare you first, find a time that is convenient for you, and sit next to you during the deposition). You may have to be evaluated by other doctors. If your case does not settle, you will have to be present for the trial. Hide
| How long will my case take?
Personal injury cases typically get to trial within 12-18 months of filing a lawsuit. However, settlements can occur during the course of the case before it ever gets to trial. The time it takes to complete a case depends on the circumstances of the case. Hide
| Can I talk to you about my case for free?
Yes. If you want to talk to one of our lawyers about a case, just complete the Free Case Evaluation and/or call us and ask. After you have answered a few basic questions with one of our staff members, we will be happy to discuss your case for free on the telephone or in our office. Generally, it will take only ten to thirty minutes for us to decide whether or not we can help you. Hide
| If I slip and fall at a business, is the owner of the business or other premises legally responsible for my injuries?
Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known. For example, if an owner or his employees know that there has been a spill within their establishment, then they must act reasonably to clean up the spill and to prevent visitors from walking through it. However, just because you fall at someone’s business or home does not make them responsible for your injuries.
It is the responsibility of your experienced personal injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall. Frequently, it is a difficult process because most of the evidence and testimony must come from the owner and his employees. Hide
| What is wrongful death?
When the negligence of another individual results in death, it can serve as the basis of a wrongful death lawsuit. Certain “heirs” have the right to make a legal claim for loss and financial support. Hide
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