These are some of the most common questions our clients always ask:
1. How do I know if I have a personal injury case?
Have you suffered an injury to your person or property?
Was your injury the result of someone else’s fault?
It is not always necessary to have a physical injury to bring a personal injury lawsuit, however, suits may be based on a variety of non-physical losses and harms. You also may have an action if someone has attacked your reputation, invaded your privacy or negligently or intentionally inflicted emotional distress upon you.
2. Do I have to give a recorded statement to an insurance adjuster?
No. You are not obligated to give a recorded statement, and if you do, it may later be used against you. If you choose to give a recorded statement, be sure to ask for a copy of the transcript.
3. What documents should I bring with me when I meet with a lawyer?
The more information and documentation you have, the better. However, if you have not collected the documents prior to your first meeting, do not worry. Your lawyer will be able to obtain them as well.
Examples of helpful documentation would be:
- Accident Report/Traffic Collision Report as it provides eyewitness accounts and details about the accident.
- Medical Reports from your doctors or hospitals that describe your injuries.
- Insurance Information for the other driver.
- Photographs from the accident scene, your vehicle, and your injuries.
- Your Driver’s License.
- Your medical insurance identification card.
- Your automobile insurance policy
4. What kind of information will a lawyer need from me?
- The name and address of your current medical physician, physical therapist, chiropractor, etc.
- The name and address of the medical providers you have seen in the past five years, to prove your pre-injury medical condition.
- A copy of your own automobile insurance policy to determine whether medical payments coverage or uninsured/underinsured motorist coverage applies to afford additional coverage for you.
5. What can I expect at the first consultation?
Your lawyer should be able to tell you if you have a legal claim that has merit. If so, he will likely ask you to sign a retainer agreement. A lawyer cannot represent you without a written retainer agreement. Once that agreement is in effect, your counsel should start gathering the information he will need to try your case. No competent lawyer should tell you what your case is worth at your first visit. Your lawyer will need to determine the extent of your injuries, including pain and suffering, disability and disfigurement, the cost of medical treatment, and lost wages. He or she then provides your damages figure to the other person’s insurer. If the insurer considers it a valid claim, the case is likely to be resolved early and won’t be tried in court. But, any good lawyer will assume that the case will be tried, and will begin every case preparing it for trial. Being ready to go to court, and having the reputation of doing well there, is the only way to get top dollar in settlement negotiations.
6. How much is my case worth?
Although most lawyers may have a sense of the value of each case at the beginning, evaluation of many factors is prudent. At some point after a thorough evaluation of the evidence and a proper work up of the case, the Lawyer handling the case will provide information as to his opinion on value. Generally this occurs later in the case. The Lawyer’s opinion of value does not mean there is a guarantee of any recovery.
7. How is the attorney paid?
We work on a contingency fee. Generally 25% for minors, and 33.3% for adults. We are only paid if and when the case is resolved. In other words, you pay nothing until the case is won. All fees are taken out of the settlement proceeds.
8. How are my cost paid?
Cost are expenses associated with the case. Examples of a cost would be court filing fees, service of process charges, photocopy services, obtaining medical records from your providers, deposition transcripts, investigation expenses, and expert witness fees. We pay all cost up front. When the case is resolved, the costs are paid back. There is no interest charged to you on these costs.
9. How long will my case take?
Some of our more complex cases can take 1 to 3 years to resolve or to go to trial. Smaller cases where clients have finished treatment can expect to see resolution within 6 to 12 months. There is no set rule on how long a case can take to resolve.
10. Will my case have to go to trial?
Most cases never go to trial. The better the case, the better the chance the case will resolve. However, we do not have control over what the defendant will finally offer to resolve your case. If the case cannot be resolved fairly, the case will be tried. At any time you can choose to settle your case prior to trial.
11. What does it mean to settle a case?
Settling a case means that you agree to accept money in return for dismissing your claim against the person who injured you. You will actually sign documents releasing the other side of any further liability. Your lawyer will be able to help you decide whether to accept the settlement offer, and give you a realistic assessment of whether a lawsuit based on your claim will be successful, a range of possible verdict amounts, and how long it will take to get through trial. Settlement can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried, but before a jury reaches a verdict and after trial when the case is on appeal. YOU are the person who must make the final decision to accept or reject an offer to settle. We will only give you our advice. Sometimes we will recommend a settlement and sometimes we will recommend that you reject a settlement offer, but the final decision is always yours to make.
12. What happens if I lose at trial?
What most lawyers never tell you, and most advertisements never show you is there are some risk involved with going to trial. Although your Lawyer may not receive compensation unless he or she wins the case, if you go to trial and lose, you may be required to pay the Defendant his or her cost. We explain this risk to each client prior to trial. At that point you are fully informed and can make the right decision. We strongly believe in fully explaining the good and bad things associated with trial to you.
Please note that the above answers to these FAQ’s should not be construed as legal advice as all situations differ and you should always consult the advice of a lawyer before making any decisions regarding injury claims or other legal matters referred to herein. These answers are intended to provide general information only.
Contact Sevey, Donahue & Talcott, L.L.P. today at (916) 788-7100 for a free case evaluation, or browse the website for more information about our practice areas, personal injury, attorney profiles, our team, free case evaluation, cases, employment opportunities or resources.
