Information about the nature and extent of your injuries and losses is needed so that we can determine a value range for your claim. Naturally, there is no attempt at an evaluation until we have all of the facts, including the extent of your recovery from your injuries and any continuing problems that might be present.
No two people ever sustain identical trauma from their injuries. No person’s pre-injury state of health is exactly the same as another’s. People recover from even similar injuries at different rates and to differing degrees. The amount of insurance available is also a significant factor.
If you were injured on the job, we will represent you in your claim for worker’s compensation benefits. In such cases, there are legal provisions which determine the types and amounts of benefits that can be recovered.
When all medical reports are in and you are released by your doctor, I can then give you my best judgment about the value range of your case. It is irresponsible to project settlement or trial court recovery values at the beginning of a case.
After getting all the facts from you, we investigate and gather all the evidence that we can. This helps us to determine the level of responsibility of the other party(s) involved.
When, in your treating physician’s opinion, you have reached MMI (“maximum medical improvement”) and we have gathered all the pertinent medical information, we will evaluate your claim and initiate settlement negotiations with the responsible insurance company(s).
We represent our injured clients on a contingency fee basis. We are not paid by the hour. If we do not recover any money for you, you do not pay us anything. When a recovery is made, our fee is based on a percentage of the amount recovered. Any expenses incurred in the development of the case can also be reimbursed to us at the time money is collected for you.
We will make every reasonable effort to settle your case promptly after you have reached MMI. However, some claims require that a lawsuit is filed to protect our client's interests.
Approximately 90% of all claims that we handle are settled without the need to file a lawsuit. However, in some cases the insurance company will not pay an amount sufficient to settle a case without litigation. When that happens, a lawsuit becomes necessary.
During the time that your case is on the waiting list for a trial date, there will be many developments. Legal research will be ongoing and we will continue gathering information about your case, your injuries, and your losses and damages. During this time, your deposition may be taken. We will have the right to take the deposition of the other side and their witnesses concerning the facts of the accident. Pleadings, motions and other legal documents will be prepared and filed.
The conclusion of an important lawsuit can take considerable time. The time it takes for your case to come to trial depends on the number of cases ahead of yours, and the rate at which the other cases are concluded. In smaller counties, you can sometimes get to trial quicker since there are fewer cases filed. Larger counties usually have longer waiting lists. For these reasons, the duration of a case is difficult to predict. The period of time during which we are awaiting a trial date will be productively used to prepare your case for presentation at trial.
Over 95% of all lawsuits are settled without going to trial. We hope that your case falls into this category, but we have no way of knowing for certain if such will be the case for you.
Even though a lawsuit is started, there is a possibility of settlement at any time. There are various stages, even while the case is pending, during which settlement can occur. Our goal is to resolve your case, in your best interests and according to your wishes, at the earliest possible time.
Some people feel that hiring an attorney or filing a lawsuit will be interpreted by others as improper - a feeling that you are "being greedy" or attempting "to get something for nothing." Nothing could be further from the truth. The laws of our land were created to provide for a civil system of justice for the resolution of disputes.
This includes disputes that concern an injury to someone due to the fault of another. One of your most important constitutional rights is to have a jury of fellow citizens from your community decide your case under the law. The United States is one of the few countries in the world with such a system. It is a right that we are privileged to have and should cherish. Those who criticize litigants are usually ignorant of the facts and of our wonderful heritage.