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Home > FAQs

FAQs

What is a personal injury lawsuit?
If negligence or wrongdoing on the part of another party has caused a personal injury bestowed upon yourself or a loved one, then you have the right to file a personal injury lawsuit so that you may be compensated for your pain and suffering.

What are examples of personal injury cases?
There are various claims that would fall under personal injury cases, but for the most part, that involve automobile accidents, wrongful death, slip and fall accidents, and workplace injuries, among others. See our list of examples of personal injuries on our home page for more examples.

How helpful are referral services?
- To help people find attorneys, state bar organizations will offer referral services. However, any member can list with these services, so there is no telling whether or not the lawyers are as qualified in personal injuries cases as they may seem.
- Associations many lawyers belong to follow the same lines, whereas all attorneys are eligible to join, and membership is based on paid fees.
- These are still relevant places to look for a lawyer who may be qualified to take on your case, but it would be a good idea to ask many questions before deciding on whether or not you would like to go with a lawyer you find in a referral service.

How good are the guys with the 1-800 number and all the ads on TV? What about the ones with the big phone book ads?
- TV and radio ads are not generally the best ways to find a good personal injury lawyer. The TV ads are usually shared by various law firms, so the number you call will probably refer you to a different attorney from the one you thought you were calling. As for phone book advertisements, an attorney is usually trying to get his name out there and will pay for the most expensive ad he can afford. Also, the case can be like that of many TV ads with various lawyers paying for the one ad.
- It is important to note that the best personal injury lawyers do not need to advertise extensively because their clients are acquired through references.

Do internet lawyer directories work?
- While many directories say they list only qualified attorneys, most will list those who pay a required fee to be on the website.
- It is important to make sure the identities of the sponsors are clear on the website, because many of these websites are also run by attorneys themselves.

Can I find a personal injury attorney who specializes in my particular kind of case?
Yes. Just as with doctors who specialize in particular areas of medicine, many personal injury lawyers have had previous experience in and focus on particular personal injury cases, such as burn injuries, car accidents, etc. If you are involved in a workers’ compensation claim, it would benefit you to seek a lawyer that focuses on these types of cases because the procedures are different from that of other personal injury cases.

What is a statute of limitations?
All personal injury suits are subject to a statute of limitations which may limit the amount of time you have to file a personal injury lawsuit. The amounts change in each state, and there are exceptions – see an attorney for more information on whether or not your case is still eligible according to your state’s statute of limitations.

Do I have to hire the lawyer I meet with or am referred to?
No. Before going to see a personal injury lawyer, ask if there is a fee for an initial meeting. However, most of the time, personal injury lawyers will not charge for the initial consultation. Either way, you have every right not to hire the lawyer upon the first consultation, and should stay with an attorney you feel you can trust and are comfortable with.

What kind of questions should I ask in my initial consultation?
A good place to start would be to ask about fees, how long cases like yours will usually take to be resolved, if the attorney has had experience with a case like yours, what kind of communication the attorney is willing to give to your case, and how far the attorney is willing to go if you were to not accept the settlement he or she will arrange for you. You may not hear all the answers you would like to, but it is important to feel out an attorney for her honesty and overall integrity. Make sure you ask everything that is on your mind as well, try not to leave the lawyer’s office with a number of
doubts in your mind.

Are there limits to personal injury settle amounts?
No. There is no minimum or maximum amount for a settlement. Settlements are based on various factors having to do with the injury such as the nature and extent of it, medical bills not covered by insurance and lost wages from being out of work, and the amount of time the injury will hinder the person from normal activity. A lawyer will sometimes be able to give you a rough estimate once he or she hears the case.

Once the settlement check is received, can I ask my lawyer for a copy?
Yes, you should ask your lawyer for a copy of the check as well as a copy of the settlement breakdown.

What is a contingency fee?
A contingency fee is the amount awarded to your attorney once the case is settled. Most attorneys will only charge this fee, and will not charge for any consultations with the attorney prior to the settlement.

How much does a proper contingency fee run for?
The fee varies from state to state or depending on the experience and reputation of the attorney, but the general bracket seems to be between one third and forty percent of the settlement.

If I still have medical payments to make, does the attorney receive the amount awarded prior to the payment of these bills or after?
This will depend on your retainer agreement, or contract with your attorney. Read it carefully, and if you think your medical expenses will exceed the award you are to receive, it is important to make sure the attorney will earn what is left after medical expenses are paid, the “net,” amount, as opposed to the “gross” amount, the settlement fee prior to paying out your medical expenses.

Can my lawyer settle my case without my permission?
Your retainer agreement may make it possible for your attorney to settle without your consent, so make sure you have read your contract carefully and mindful of this situation. If no settlement and release agreement has been signed by you, then you have every right to tell your lawyer you are unhappy with the agreement, and any check that may have been made out to him is easily returnable.



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