Frequently Asked Questions About Our Legal Services
Is there a fee for the initial consultation?
NO! We offer a FREE initial consultation at which time we will discuss your case at length and collect as much information from you as is available at the time in order to begin our investigation process and evaluation of your claim.
Is there a retainer fee?
NO! There is no retainer fee required. Instead, we work on a contingency fee basis. What this means is, you don’t pay us unless we recover money for your injuries. If you do receive an award, whether by settlement, verdict or appeal, our fee is one-third (33.33%) of the total sum recovered. (When costs and expenses required for prosecuting the case are advanced on behalf of the client, they will be deducted from the gross award after deduction of the attorneys’ fee.)
What is the process for commencing a lawsuit?
It begins with scheduling our free initial consultation where you will be asked to bring in any evidence in your possession, including accident reports, photographs, videos, medical records, communications, etc. At the time of your initial appointment, we will discuss the details and circumstances surrounding your claim and review the available evidence. Subsequently, we will conduct our investigation to determine whether you have a valid cause of action. Within a few short days, you will be notified of our decision whether to accept or reject your case. If your case is accepted, a summons and complaint will be filed on your behalf officially commencing your lawsuit. Throughout the litigation, we will be communicating updates on developments in your case.
Will I have to make physical appearances in Court for my case?
It depends! Some cases settle pre-litigation and some early on in litigation, thereby avoiding the need to make any physical appearances whatsoever. However, in cases where early settlement is not a reasonable option, it is common for plaintiffs to be required to attend a deposition. A deposition is a question and answer session under oath where you will be asked several questions by the insurance carrier’s representative regarding your background, accident, injuries and medical treatment. Not to fear! Your attorneys will discuss this process in great detail and prepare you for your deposition if and when the time comes. Additionally, if the parties cannot reach a settlement, you will have to appear for trial and give testimony. It is important to note that most cases resolve by way of settlement without the need for trial.
What is the value of my case?
Many factors are considered when evaluating a claim and are analyzed on a case-by-case basis. Before discussing some relevant factors, it is important to remember that results are never guaranteed! Some of the main factors considered include insurance coverage, liability, comparative negligence if any, the nature of your injuries, the extent of your medical treatment, the degree of loss to your enjoyment of life, and past and future pain and suffering.
Do I have to pay anything if I lose my case?
NO! You pay only if we recover compensation on your behalf. If we are successful in receiving an award, our fee is one-third (33.33%) of the total sum recovered. After the deduction of the attorneys’ fee, out-of-pocket costs and expenses that were advanced on behalf of the client and used to litigate the case will be deducted from the remainder of the award.
How long will it take for my case to conclude?
Litigation can be a lengthy process and therefore requires a great deal of patience. The duration of your case will depend on various factors including, but not limited to, the nature of your claim, the party being sued, the insurance carrier and their representatives, the schedule of all parties, the court’s calendar and availability, the parties’ willingness to negotiate a settlement, and how far along your case progresses before resolution. Some matters may be resolved within six months to one year, while others may take years.
Will my case proceed to trial?
There is always the possibility that your case can proceed to trial. However, most cases do not and are settled by mutual agreement between the parties. There are occasions where a trial may or may not be in your best interest. Your attorney will advise you on what they believe is the best course of action for your particular case.