Personal Injury FAQs

Most cases do not go to trial even if a lawsuit is filed. Insurance companies often prefer to settle outside of court to avoid the cost, time, embarrassment to the defendant, and uncertainty associated with trials. Even though most cases settle, we work every case up for trial. By signaling early on that we are taking your case seriously, we ensure the insurance company takes your case seriously as well.

This doesn’t necessarily mean the end of your case. If the insurance company denies liability, it's time to file in court. Our attorneys are here to help make sure your case is litigated professionally and effectively.

There are a multitude of factors that go into how much a case will settle for. First, we need to establish liability. If there is a question of liability, insurance companies will not be as likely to settle, or the settlement amount will reflect the question of liability. Insurance companies will not agree to pay more than their liability limits. As an example, if the defendant in a case only has $25,000 worth of insurance coverage, the insurance company will not settle for a larger amount. If there is excess loss, we will need to collect from the defendant, themselves. Next, we need to calculate the total of all claimable damages (medical expenses, lost wages, loss of consortium, pain and suffering, etc.). Insurance companies will try to reduce values by claiming over-treatment or pre-existing conditions. Ultimately, the client’s needs and risk aversion will dictate the final settlement. We will advise you on potential trial outcomes after each offer. Our goal is to help you present your claim and make the best, informed, decision for your future.

Absolutely. You have the right to proceed with your case however you see fit. Insurance companies love when you do this. They will often give you a small settlement right away to close out your case for as cheap as possible. You might achieve satisfactory results. We feel strongly that our service and strategies lead to less stress throughout the pendency of the case, quicker compensation, and higher net recoveries.

The accident report, photographs from the scene (if you have any), the names of any doctors you sought medical treatment from, the names of any witnesses, and any communication from the insurance company. If you do not have these things, don’t worry, we can help you get them.

Every client has the opportunity to pay for our services as an hourly fee, but a majority chose to pay a percentage of the compensation received. Based on our research, normal contingency fees are 33-40%.

Cases typically take between three and eighteen months. The first priority in an injury case is making sure you heal fully from your injuries. This can be a long process and closing your case too soon could lead to expenses that are not covered by the judgment or settlement. Accordingly, if you do not reach maximum medical improvement by the statute of limitations, you might not receive full compensation for over four years.

Medical expenses, lost wages, loss of earning capacity, property damage, and other out of pocket costs. You might also be able to receive pain and suffering, loss of enjoyment of life and emotional trauma compensation. Your family members may be able to receive compensation under a loss of consortium claim. Loss of consortium is the fancy lawyer phrase for loss of a relationship. These claims can be as simple as playing catch with your kids, or as complex as loss of intimacy, love, affection, and companionship due to injury.

The claim must be filed before the statute of limitations runs. There are separate notice requirements for government defendants and un-insured/ under-insured carriers that you need to fulfill before proceeding with a case.

Most personal injury cases have a four year statute of limitations, however there are situations that can reduce this time period significantly. Make sure you have your case evaluated early to ensure you do not miss any deadlines.

Absolutely. Trucking accidents often result in extreme damage to both people and property. Distracted or careless driving by semi drivers can result in life-changing consequences for innocent motorists and their families. We have experience representing truckers who were injured by the carelessness of others, individuals who survived horrific accidents, and the families of those who didn’t.

Your insurance company has a duty to defend you. You should report the accident to your insurance company immediately. Auto accidents often lead to criminal charges, ranging from failure to yield citations to motor vehicle homicide. You have a fifth amendment right to remain silent. If you decide to speak, make sure you are truthful.

You should contact a trusted injury attorney right away. Insurance companies try to obtain recorded statements immediately after an accident to minimize their responsibility. Many injuries take time to diagnose and treat. A trusted attorney can help you to navigate the claim process while avoiding the insurance industry’s traps and pitfalls.

Yes! If you were injured in a car accident, hiring a skilled attorney can result in a smoother process and more just outcome.

You should hire an injury attorney as soon as you find an attorney that you are comfortable with and that you believe will place you in the best position possible moving forward with your case. Since most injury cases are paid through a percentage of any judgment or settlement, hiring an attorney early on in the process allows you to have an advocate on your side without extra expense. Delays in hiring an attorney can cause additional stress, lower compensation, and extended recovery periods.