A:

A case’s worth is based on a number of factors. For example, the nature of the injury-causing event, the severity of the injury, the amount of pain the injury causes, and whether the injury has lingering effects are all issues that affect the value of a case. However, only after all the information is gathered and negotiations have begun can your case truly be evaluated.

As we determine the value of a case, we take into consideration everything that a personal injury claimant may be entitled to recover, including the following:

• Past and future medical bills
• Past and future lost wages
• Pain and suffering
• Mental and physical disability
• Disfigurement and scars
• Emotional trauma
• Mental anguish
• Loss of enjoyment of life
• Loss of love and affection
• Property damage
• Out-of-pocket expenses

People in motor vehicle accidents are often surprised to realize how difficult it is to get the coverage they are owed from their insurance company and the compensation they are owed from the other driver’s insurance company. It is unfortunate, but many accident victims need a lawyer to get the basic service and coverage an insurance company is supposed to provide.

Insurance companies are businesses like any other, and their goal is to make money. Paying out compensation cuts into their profits. Consequently, they have developed strategies to attempt to avoid paying out compensation.

One common tactic is to deny valid claims. Insurance companies may do this in some cases in the hope that the insured or third-party victim simply accepts the denial.

Delaying the processing of claims is also common. Some companies will purposely prolong the claims process, hoping the people involved get frustrated and give up. Many people do not have the resources to fight the insurance company.

Defending against the claim is another tactic. Insurance companies have lawyers and adjusters who are there to protect the company from risk and expense. They will work hard to deny fault and/or lower the value of the claim. Offering a lowball settlement is very common in vehicle accident cases.

For small property damage claims with no personal injury, you probably do not need a lawyer. However, for any claim involving a personal injury, attempting to handle your own claim is unwise. Insurance companies earn profits by not paying. Insurance adjusters are very skilled at obtaining the information they need from you to deny or minimize your claims.

There is also a statute of limitations that affects your case. Depending on the circumstances, the statute of limitations requires that a suit be filed within a specific period. If you fail to file suit within the proper time limit, you will be prohibited from obtaining any compensation for your injuries.

The time it takes to settle a personal injury case depends on the circumstances surrounding it. The more complex the case, the longer it may take to settle. Most cases are resolved within a few months to a year. However, some cases may take longer, especially if the claim is disputed by the defendant or their insurance company and a lawsuit must be filed.

We understand that any meaningful relationship is based on trust. Trust your instincts. Discuss your concerns with us and form impressions about what you are being told. Beware of lawyers who tell you what you want to hear in order to get your business. Choose a lawyer who answers your questions, seems genuinely concerned about your problems, and creates realistic expectations. Furthermore, retain an attorney who specializes in personal injury cases, and has the experience, ability, and means to go to trial if necessary.

Some of the critical questions to ask a lawyer include:

• How much experience do you have in this area of law?
• How many years have you been handling motor vehicle accidents?
• How do you approach motor vehicle accident cases?
• What is the fee arrangement? Do I pay any upfront costs?
• Will I work with you, your associates, or your staff?
• What are my rights as an accident victim?
• What happens if I need access to medical care during the case? Can you help?
• Where did you go to law school? Was it a highly rated and accredited law school?
• What peer recognition have you received in the legal community?
• Have you received a ranking from any attorney rating agency?
• Are you a member of any consumer attorney organizations?
• How many clients do you have? Are you so busy that you won’t have time to spend on my case?
• How quickly do you respond to telephone calls or emails from clients?
• Are you available to respond to clients' calls and emails after working hours and on weekends?

The last thing you need to worry about after a vehicle accident is how much it will cost to hire a lawyer to represent you. You already have vehicle repair or replacement bills and medical bills and may be unable to work due to your injuries.

Fortunately, you do not have to factor in the cost of your attorneys’ fees. In personal injury cases such as motor vehicle accidents, the case is handled on a contingency fee. This means the firm advances all the fees and court costs out of our own finances. We do this because our payment, including those fees and costs, comes out as a portion of the verdict or settlement we obtain for you. So, basically, you owe us nothing until a verdict or settlement is reached in your case.

Our fee is based on a percentage of the money collected, which is typically 33 percent. Remember, if we do not collect for you, you do not owe us any money.

If you decide to become one of our firm’s clients, we will sit down with you and explain in more detail how contingency fees work. If you agree to it, you will then sign a written fee agreement to retain our firm in your case.

Because we represent clients on a contingency fee basis, you pay no fees upfront. This allows us to provide the representation and support clients need without having to be concerned about attorneys’ fees during a difficult time. If we decide to represent you and take on your case, we believe your case has merit and will likely result in a recovery for you.

Since a consultation is free, it won’t hurt to ask if we can help. Having worked with insurance companies on thousands of cases, we know that no matter how nice insurance adjusters may sound on the phone, they have one goal in mind—to pay you as little as possible. They are trained to do this.

Insurance companies do not work for you. They are not trained, nor are they qualified, to explain your legal rights. They will not give you a fair assessment of the value of your case.

You should try to bring as much of the following information and/or documentation that you can reasonably obtain before our initial meeting. Don’t worry if you have not collected all of it. We will work together to gather what is needed after we meet in person.

• Anything that you believe is related to the accident, your vehicle, or your injuries or treatment
• The name, address, and telephone of your primary care physician
• A copy of your health insurance card
• The names, addresses, and phone numbers of all witnesses to the accident
• The name, address, and phone number of the person responsible for causing the accident, along with their driver’s license number, insurance information (including company name and policy number) and their vehicle year, make, model and license plate number
• The name, address, phone number and claim number of your insurance company adjuster
• The name, address, phone number and claim number of the insurance company adjuster for the person responsible for causing the accident
• All correspondence and documents about the accident sent to you by anyone
• A copy of the law enforcement traffic collision report (or the card identifying the report number and the telephone number to obtain same) if a traffic collision report was prepared
• All discharge papers from any hospital or emergency room at which you received treatment for your injuries
• The name, address, and telephone number of every medical provider who has treated you for your injuries
• A copy of your current declarations page from your insurance company that was in force on the date of the accident
• The name, address, and telephone number of the location of your vehicle if it is at a repair shop
• A copy of the property damage estimate for your vehicle
• Digital photographs depicting the damage to your vehicle
• Digital photographs that show the area where the accident occurred