General Questions

– General Personal Injury Questions –

AAny lawyer can file a lawsuit and settle your case for what the insurance company initially offers. That might be good for the attorney, because that requires little effort and time. That is especially beneficial for the insurance company, since their goal is to pay out as little as possible. However, I will not advise you to settle your case until I’ve determined you’re receiving the maximum payout while minimizing your risk. I have successfully negotiated thousands of cases, and in my 12 years as a deputy district attorney, I tried more than 100 jury trials. You can rest easy knowing I will handle your case with the experience, care and attention it deserves.

AA case’s value depends on the severity of the injury, the type of medical treatment received and its cost, the prognosis for any permanent injury or future treatment needed and the length of time needed to heal. A case is worth what the jury is willing to award to the plaintiff given these factors and how much they like the plaintiff.

AMost of my cases are on a contingency fee basis, meaning I don’t get paid unless you do. Each potential client is entitled to a free consultation to evaluate the merit of the case. If I succeed in pursuing your claim, my payment is typically one-third of the total awarded, and 40% if we go to trial. I front all of the costs during the pursuit of your claim, such as ordering medical records, court fees and for hiring investigators or expert witnesses. You do not have to pay these costs until the end of your case.

AIt is a question-and-answer session taken under oath in front of a court reporter. They are typically taken within several months to a year after a lawsuit is filed. The parties to the case, such as the plaintiff and defendant(s) and any witnesses are usually deposed. Depositions are taken in every case that is filed, and they can take anywhere from an hour to a couple days, depending on the size of the case, the number of attorneys and how many people are involved. Depositions are useful because they allow the attorneys in the case assess the content of the parties’ and witnesses’ testimony. This enables the attorneys to evaluate the impression the deponents will make on a jury at trial.

ANot likely. These days, many civil cases often don’t go to trial. In fact, only about 1% do. Preparing for trial once a lawsuit is filed might take up to a year, plus trials are expensive. Between preparing documentation, paying to hire expert witnesses and creating exhibits to use, the money quickly adds up. Not to mention, the court system is already slow. If every case that’s filed went to trial, the courts would be booked with a never-ending queue of cases.

AA wrongful civil act that has been committed, and it is separate from criminal and other types of law. A personal injury case is a tort, of which there are many different kinds. Some torts involve negligence–or unintentional or reckless behavior–while others occurred because of an intentional act. Each tort has specific elements that must be proven to substantiate the claim.

AIn addition to seeking justice, a civil claim is sought to punish the wrongdoers for their actions (or inactions) that led to your injury. The purpose of a civil case is to obtain damages, also known as monetary compensation, which if recovered are awarded to the plaintiff, victim or victim’s family.

ADamages are the amount of money involved in a claim, and they are separated into different categories. Economic damages are the actual costs you incurred due to your injury, such as lost wages, medical expenses, property damage and related out-of-pocket expenses. Non-economic damages compensate for pain and suffering and, unlike economic damages, are not a concrete amount. Meaning, non-economic damages are intended to pay you for any emotional distress, mental anguish or loss of quality of life your injury caused.

AA personal injury lien is money owed to a third party that has stepped in to pay for your medical treatment or wage loss while your case is ongoing. The defendant will not pay for these things during your case; your settlement at the end is meant to compensate you for all of your damages. Liens must be paid back once your case settles, and I will negotiate with the lienholders to reduce your liens as much as possible, putting more money in your pocket. Some examples of liens are hospital and medical provider bills, disability or workers’ compensation payments and payments made by your auto or health insurance or Medicare/Medicaid.